D.Abraham v. Dindigul Pettai Sathangudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR S.A.No.2075 of 2003:

D.Abraham ... Appellant/Respondent/ Defendant Vs.

1.Dindigul Pettai Sathangudi Kshatriya Nadar Uravinmurai, Through its Secretary, K.Natarajan, Madurai Road, Begumbure, Dindigul-2.

2.Thirumangalam Pandiayar Kula Kshatriya Nadar Uravinmurai Serntha Dindigul Mela Pettai Nadars Uravinmurai, Through its Muraikarar, K.D.O.D.Paulraj, Periyakadai Veethi, Dindigul.

... Respondents/Appellants/ Plaintiffs

Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 10.02.2003 made in A.S.No.2 of 2000 on the file of the Principal Sub-ordinate Court, Dindigul, in reversing the judgment and decree dated 27.10.1998 made in O.S.No.1164 of 1989 on the file of the Principal District Munsif Court, Dindigul.

S.A.No.2076 of 2003:

D.Abraham ... Appellant/Respondent/ Plaintiff Vs.

1.M.Veeramani 2.Sahayam ... Respondents/Appellants 2 & 3/ Defendants 2 & 3 Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 10.02.2003 made in A.S.No.1 of 2000 on the file of the Principal Sub-ordinate Court, Dindigul, in reversing the judgment and decree dated 27.10.1998 made in O.S.No.1471 of 1988 on the file of the Principal District Munsif Court, Dindigul.

In both appeals:

For Appellant :

No appearance For Respondents :

No appearance COMMON JUDGMENT It was on 21.01.2022, learned counsel for the appellant reported 'no instructions'. Hence, this Court directed the name of the appellant to be printed in the cause list. Again the matter was listed on 30.01.2024. As there was no representation for the appellant, the same was directed to be listed under the caption 'for dismissal'. Today, in spite of the matter being listed under the caption 'for dismissal', there is no representation for the appellant either during pre-lunch session or in the post-lunch session. Taking into consideration the fact that the second appeals are of the year 2003, this Court is not inclined to adjourn the matter any further. Further, the appeal already dismissed for default as against Respondent No.2 as early as on 15.04.2014. In the circumstances, this Court is left with no other option, except to dismiss the second appeals for non-prosecution.

2. Accordingly, these Second Appeals are dismissed for nonprosecution. However, there shall be no order as to costs. 05.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes ABR

To 1.The Principal Sub-ordinate Judge, Dindigul.

2.The Principal District Munsif, Dindigul.

MUMMINENI SUDHEER KUMAR, J.

ABR 05.02.2024