M.Kandasamy vs K.Palanichamy
2021 Latest Caselaw 23138 Mad

                                                                                S.A(MD)No.497 of 2014


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 25.11.2021

                                                       CORAM

                       THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                             S.A(MD)No.497 of 2014
                                                     and
                                            M.P(MD)Nos.1 & 2 of 2014

                    M.Kandasamy                            ... Appellant/Appellant/Defendant

                                                     Vs.

                    K.Palanichamy                          ... Respondent/Respondent/Plaintiff


                    Prayer: Second Appeal filed under Section 100 of the Code of Civil
                    Procedure against the judgment and decree dated 22.03.2012, passed in
                    A.S.No.18 of 2011 on the file of the District Court, Karur, confirming the
                    the judgment and decree dated 30.03.2011, passed in O.S.No.39 of 2009 on
                    the file of the Additional Sub Court, Karur.


                                  For Appellant            : Mr.A.Haja Mohideen
                                  For Respondent           : Mr.P.Athimoola Pandian




                    1/4

https://www.mhc.tn.gov.in/judis
                                                                                 S.A(MD)No.497 of 2014


                                                     JUDGMENT

When the matter came up of hearing on 05.09.2018, on the side of the

respondent it was submitted that the respondent was no more and the

appellant was directed to take steps on 01.10.2018. Again on 01.10.2018, it

was adjourned to 22.10.2018 for taking steps finally. Again on 22.10.2018, it

was adjourned to 29.10.2018 for taking steps or for orders and on

31.10.2018, at request of the appellant, again the matter was posted for

taking steps on 22.11.2018. From the year 2008 to till today ie., on

25.11.2021, no steps have been taken by the appellant. Now the learned

counsel for the appellant seeks further time for taking steps, for which, this

Court is not inclined to grant time, since from the year 2018, sufficient

opportunity has been given to him for taking steps.

2. The Second Appeal is of the year 2014 and the same was admitted

on 18.06.2014. It is also stated that the sole appellant died on 05.01.2018. It

appears that the legal heirs of the deceased sole appellant as well as

deceased sole respondent are not interested in prosecuting the matter further.

Therefore, this Court is of the view that no useful purpose would be served

in keeping the matter pending.

https://www.mhc.tn.gov.in/judis S.A(MD)No.497 of 2014

3.In view of the above, this second appeal is dismissed as abated. No

costs. Consequently, connected Miscellaneous Petitions are dismissed.

                                                                                     25.11.2021
                    Index           : Yes/No
                    Internet        : Yes/No
                    ps

                    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.

https://www.mhc.tn.gov.in/judis S.A(MD)No.497 of 2014

V.BHAVANI SUBBAROYAN, J.

ps

To

1.The District Court, Karur.

2.The Additional Sub Court, Karur.

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

Judgment made in S.A(MD)No.497 of 2014

25.11.2021

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