R. Gopalan vs V.M. Susila
2021 Latest Caselaw 2436 Mad

                                                                              C.M.S.A.No.21 of 2011

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED 03.02.2021

                                                          CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                  C.M.S.A.No.21 of 2011
                                                          and
                                                    M.P.No.1 of 2011

                     R. Gopalan                                               .. Appellant


                                                           Versus

                     1.V.M. Susila
                     2.V.R. Manickam
                     3.P. Murugesan                                          .. Respondents


                     Prayer: Civil Miscellaneous Second Appeal filed under Section 100 of the
                     Code of Civil Procedure, against the judgment and decree passed in
                     A.S.No.137 of 2008 dated 11.12.2009 on the file of Additional District
                     Court, Gobichettipalayam (Fast Track Court No.II), confirming the
                     judgment and decree passed in E.A.No.251 of 2002 in E.P.No.14 of 2002 in
                     O.S.No.269 of 1999 dated 08.02.2008 on the file of Principal Sub Court,
                     Gobichettipalayam.
                                    For Appellant      : Ms. P.T. Ramadevi
                                    For Respondents    : Batta due


                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                   C.M.S.A.No.21 of 2011

                                                    JUDGMENT

The appeal was admitted by this Court on 20.04.2011 and notice

was ordered to the respondents. On perusal of the case papers reveals that

an interim stay was also granted by this Court. In spite of that the appellant

has not taken any steps to serve notice to the respondents. Even batta has

not been filed for the past about nine years. The appellant has not taken any

steps to serve notice privately. Under these circumstances, it is to be

construed that the appellant has not pursued the matter and the interim order

is also in force for the past about nine years. Once an interim order is

obtained, the appellant is expected to serve notice to the respondents

immediately. In the present case, even the batta has not been filed nor any

proof of service is filed with reference to private notice.

2. Under these circumstances, this Court is not inclined to keep the

appeal pending for an unspecified period and therefore the CMSA.No.21 of

2011, stands dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

03.02.2021 Index: Yes/ No AT

https://www.mhc.tn.gov.in/judis/ C.M.S.A.No.21 of 2011

To

1.The Additional District Court, Fast Track Court No.II, Gobichettipalayam.

2.The Principal Sub Court, Gobichettipalayam.

https://www.mhc.tn.gov.in/judis/ C.M.S.A.No.21 of 2011

S.M.SUBRAMANIAM,J.

AT

C.M.S.A.No.21 of 2011 and M.P.No.1 of 2011

03.02.2021

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