Panappandi vs Ramakrishnan
2021 Latest Caselaw 24746 Mad

                                                                           S.A(MD)No.517 of 2017


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 15.12.2021

                                                    CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                            S.A(MD)No.517 of 2017


                     Panappandi                    ... Appellant/Respondent/Plaintiff

                                                      Vs.

                     Ramakrishnan                  ... Respondent/Appellant/Defendant



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

                     Procedure against the judgment and decree, dated 14.06.2017 passed in

                     A.S.No.21 of 2015, on the file of the Additional District Court, Theni

                     (Periyakulam), reversing the judgment and decree, dated 21.11.2014

                     passed in O.S.No.190 of 2010 on the file of the Subordinate Court,

                     Theni.


                                  For Appellant          : No Appearance
                                  For Respondent         : Mr.S.Alagarsamy


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                              S.A(MD)No.517 of 2017


                                                   JUDGMENT

When the matter was taken up for hearing on 12.11.2021 the

learned counsel for the appellant sought time and the matter was ordered

to be listed on 29.11.2021. On 29.11.2021, the learned counsel for the

appellant seeks time stating that he had written a letter to the parties

concerned and sought time and again the matter was ordered to be listed

on 08.12.2021. On 08.12.2021, the learned counsel for the appellant

submitted that he has not received any instructions from his client and

reported 'no instructions' and hence, the Registry is directed to print the

name of the appellant in the cause list and post the matter on 14.12.2021.

On 14.12.2021 there is no representation on behalf of the appellant either

in person or through counsel, despite his name being printed in the cause

list and thereby the matter was ordered to be listed under the caption 'for

dismissal' on 15.12.2021.

2. Even today (i.e., on 15.12.2021), there is no

representation for the appellant. The Second Appeal is of the year 2017.

When the matter is taken up for hearing, there is no representation on

https://www.mhc.tn.gov.in/judis S.A(MD)No.517 of 2017

behalf of the appellant and the same clearly indicates that the appellant

has not shown any interest to prosecute the appeal any further. Hence,

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

                                                                              15.12.2021
                     Index        : Yes/No
                     Internet     : Yes/No
                     rm

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Additional District Court, Theni (Periyakulam),

2.The Subordinate Court, Theni.

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.517 of 2017

V.BHAVANI SUBBAROYAN, J.

rm

Judgment made in S.A(MD)No.517 of 2017

15.12.2021

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