Indirani vs A.Muthusamy
2021 Latest Caselaw 724 Mad

                                                                                C.M.S.A.No.5 of 2010

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 08.01.2021

                                                            CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                      C.M.S.A.No.5 of 2010
                     Indirani                                                        .. Petitioner
                                                              vs.

                     A.Muthusamy                                                      .. Respondent

                     PRAYER : Civil Miscellaneous Second Appeal filed under Order 41 Rule
                     27 C.P.C r/w Section 100 of C.P.C, against the judgment and decree of the
                     learned Additional District Judge cum Fast Track Court No.I, Erode in
                     C.M.A.No.59 of 2008 dated 18.11.2009 reversing the fair and final order of
                     the learned Principal Sub-ordinate Judge of Erode in I.A.No.212 of 2003 in
                     H.M.O.P.No.90 of 1987 dated 17.06.2008.

                                     For Petitioner             : Mr.S.Kaithamalai Kumaran

                                     For Respondent           : No Appearance


                                                         ORDER

The Civil Miscellaneous Second Appeal is filed against the

judgment and decree of the learned Additional District Judge cum Fast

Track Court No.I, Erode in C.M.A.No.59 of 2008 dated 18.11.2009

https://www.mhc.tn.gov.in/judis/ C.M.S.A.No.5 of 2010

reversing the fair and final order of the learned Principal Sub-ordinate Judge

of Erode in I.A.No.212 of 2003 in H.M.O.P.No.90 of 1987 dated

17.06.2008.

2. This Court passed an order on 23.03.2010 issuing notice to the

respondent returnable by four weeks and private notice was also permitted.

Again, the matter was listed on 18.12.2018 and 18.01.2019, and on both

occasions, notice was ordered to the respondent and private notice was also

permitted. Inspite of the orders of this Court, no steps are taken either to pay

batta or serve notice to the respondent through privately. Thus, an inference

is to be drawn that the petitioner is not interested in pursuing the litigation.

Accordingly, the Civil Miscellaneous Second Appeal stands dismissed. No

costs.

08.01.2021

ssb

Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order

https://www.mhc.tn.gov.in/judis/ C.M.S.A.No.5 of 2010

S.M.SUBRAMANIAM, J.

ssb

To

1. Additional District Judge cum Fast Track Court No.I, Erode.

2. Principal Sub-ordinate Judge of Erode

C.M.S.A.No.5 of 2010

08.01.2021

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