Nirmala vs Gnannambal
2021 Latest Caselaw 2439 Mad

                                                                            C.M.S.A.No.11 of 2009 and
                                                                                    M.P.No.1 of 2009

                                   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.11 of 2009
                                                       and
                                                 M.P.No.1 of 2009

                     1.Nirmala
                     2.S. Saminathan
                     3.S. Padmanaban
                     4.S. Gomathi                                               .. Appellant


                                                       Versus

                     1.Gnannambal
                     2.Venkatachalam                                          .. Respondents


                     Prayer: Civil Miscellaneous Second Appeal filed under Order 41 Rule 3
                     r/w 100 of the Code of Civil Procedure, against the order dated 26.09.2008
                     made in C.M.A.No.16 of 2007 on the file of the Additional District and
                     Sessions Judge, F.T.C., No.III, Dharapuram which was confirming the order
                     dated 02.08.2007 made in E.A.No.222 of 2006 in E.P.No.122 of 2005 in
                     O.S.No.68 of 91 on the file of the District Munsif Court, Kangeyam.




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                               C.M.S.A.No.11 of 2009 and
                                                                                       M.P.No.1 of 2009

                                   For Appellants     : Mr. S. Lakshmanasamy
                                   For Respondents    : Batta due

                                                     JUDGMENT

This Court passed an order on 18.04.2007, ordering notice to the

respondents returnable by 15.06.2009. Private notice was also permitted.

Again the matter was listed and an order was passed on 18.12.2018,

ordering fresh notice to the respondents returnable by 18.01.2019 and

private notice was also permitted. Third time also an opportunity was given

to the appellants to serve the respondents privately. In spite of these

opportunities, the appellants have not even paid batta nor served notice to

the respondents privately. The matter is pending for the past about 11 years

and the appellants have not taken any steps to serve notice to the

respondents and therefore, this Court is not inclined to keep the appeal

pending further. Accordingly, the CMSA.No.11 of 2019 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.11 of 2009 and M.P.No.1 of 2009

To

1.The Additional District and Sessions Judge, F.T.C. No.III, Dharapuram

2.The District Munsif Court, Kangeyam.

https://www.mhc.tn.gov.in/judis/ C.M.S.A.No.11 of 2009 and M.P.No.1 of 2009

S.M.SUBRAMANIAM,J.

AT

C.M.S.A.No.11 of 2009 and M.P.No.1 of 2009

03.02.2021

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