Madras High CourtSA/1342/2001dismissed for nonprosecution

Sbi.,Siruthozhil Branch, v. 1.L.Krishnan,

2023-06-13Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN State Bank of India, Siruthozhil Branch, Ramakrishnapuram, Karur - 639 001.

Represented by its Manager ...Appellant vs.

1.L.Krishnan 2.T.Devakumar 3.M.Soundarapandian 4.M.Kamarajan 5.P.Pichammal 6.P.Manickkam Ammal 7.G.Mallika 8.S.Nageswari 9.J.Pushpavalli 10.P.Parameswari ... Respondents

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 15.11.2000 in A.S.No. 100 of 1999 on the file of the Additional District Judge and Chief Judicial Magistrate, Karur confirming the Judgment and Decree dated 02.08.1996 in O.S.No.484 of 1987 on the file of the Principal District Munsif Court, Karur decreeing Rs.25,497/- together with interest thereon at 12% from 27.04.1987 and at 6% from the date of decree till realisation and granting Rs.3,990/- as costs.

For Appellant :

No appearance For Respondents :

Mr.P.Thiagarajan for R1 No appearance for R3 to R9

JUDGMENT

On 01.06.2023, when the matter was taken up for hearing, there was no representation for the appellant. In order to give one more opportunity this matter was directed to be listed today. On that day, it was made clear that no further time will be granted.

2. Today also, there is no representation for the appellant. The appeal is of the year 2001. It has been kept pending for more than 22

years. Despite sufficient opportunity being given to the appellant, he has not come forward to proceed with the appeal effectively. Therefore, this Court has no other option except to dismiss the appeal for nonprosecution. Accordingly, this Second Appeal is dismissed for nonprosecution with cost of Rs.1,00,000/- (Rupees One Lakh only) payable by the appellant to the Registry to the credit of S.A.No.1342 of 2001. In case, the appellant files any application to restore the appeal, Registry is directed not to take the application on file unless the appellant deposits the cost imposed by this Court.

13.06.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Additional District Judge and Chief Judicial Magistrate, Karur 2.The Principal District Munsif Court, Karur. 3.The Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

P.VELMURUGAN , J.

mbi 13.06.2023