R.Nagarajan vs D.Mathiyazhagan
2021 Latest Caselaw 24283 Mad

                                                                                    S.A(MD)No.7 of 2012


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 09.12.2021

                                                      CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                               S.A(MD)No.7 of 2012


                     1.R.Nagarajan

                     2.M.Ramuthevar

                     3.Mariammal                    ... Appellants/Appellants/Defendants


                                                          Vs.


                     1.D.Mathiyazhagan

                     2.D.Rajendran

                     3.D.Thennarasu                 ... Respondents/Respondents/Plaintiffs



                     Prayer : Second Appeal filed under Section 100 of the Code of Civil

                     Procedure against the judgment and decree, dated 04.06.2010 passed in

                     A.S.No.52    of   2009,   on   the    file    of   the   Subordinate      Court,

                     Ramanathapuram,     confirming       the     judgment    and   decree,     dated

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                 S.A(MD)No.7 of 2012


                     18.09.2009 passed in O.S.No.275 of 1995 on the file of the District

                     Munsif cum Judicial Magistrate Court, Thiruvadanai.


                                  For Appellants            : No Appearance


                                  For Respondents           : Mr.S.A.Ajmalkhan


                                                    JUDGMENT

When the matter was taken up for hearing on 30.11.2021,

even though this Court is not inclined to grant permission for taking

steps, as there was a delay of eight years, learned counsel for the

appellants seeks short accommodation for taking steps, thereby the

matter was listed on 07.12.2021 for taking steps. On 07.12.2021, there

was no representation on behalf of the appellants, thereby the matter was

directed to be listed today under the caption 'for dismissal'.

2. Even today (09.12.2021), there is no representation for

the appellants. The Second Appeal is of the year 2012. When the matter

is taken up for hearing, there is no representation on behalf of the

https://www.mhc.tn.gov.in/judis S.A(MD)No.7 of 2012

appellants and the same clearly indicates that the appellants have not

shown any interest to prosecute the appeal any further. Hence, the

Second Appeal is dismissed for non-prosecution. No costs.

                                                                              09.12.2021
                     Index        : Yes/No
                     Internet     : Yes/No
                     rm

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To

1.The Subordinate Court, Ramanathapuram.

2.The District Munsif cum Judicial Magistrate Court, Thiruvadanai.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A(MD)No.7 of 2012

V.BHAVANI SUBBAROYAN, J.

rm

Judgment made in S.A(MD)No.7 of 2012

09.12.2021

https://www.mhc.tn.gov.in/judis