D.Natarajan vs Leelavathi
2022 Latest Caselaw 8696 Mad

                                                                            S.A.(MD)No.265 of 2019



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 25.04.2022

                                                   CORAM:

                        THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                            S.A(MD)No.265 of 2019
                                                    and
                                           CMP(MD) No.5127 of 2019

                     D.Natarajan                                         ... Appellant
                                                     -vs-


                     1.Leelavathi

                     2.D.Rajendran                                        ... Respondents


                     Prayer :- The second Appeal filed under Section 100 of the Code of Civil

                     Procedure, to reverse and set aside the judgment and decree in A.S.No.41

                     of 2013 dated 19.01.2015 passed by the V Additional District judge,

                     Madurai and in confirming the judgment and decree of the Principal

                     Subordinate Judge, Madurai made in O.S.No.1235 of 2010 dated

                     19.08.2013 and allow the present second appeal.




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                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                  S.A.(MD)No.265 of 2019




                                         For Appellant        : No appearance


                                         For Respondents     : Ms.Meenakarpagarajam


                                                         JUDGMENT

When the matter came up for hearing on 19.04.2022, the learned

counsel for the appellant submitted that the appellant was ready and

willing to pay a sum of Rs.6,50,000/- towards full and final settlement.

However, the learned counsel for the appellant sought further time to get

appropriate instructions from his clients. Hence, the matter was

adjourned to 21.04.2022. On that date, the learned counsel for the

respondents reported that his client is ready and willing to receive a sum

of Rs.7,00,000/ towards full and final settlement of the entire suit claim.

Since none appeared on behalf of appellant, the matter was adjourned to

22.04.2022 under the caption 'for dismissal'. When the matter came up

for hearing on 22.04.2022 also, there was no representation for the

appellant. Hence, the matter was directed to be listed on 26.04.2022

under the same caption.

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https://www.mhc.tn.gov.in/judis S.A.(MD)No.265 of 2019

2.Today, when the matter is taken up for hearing, none appeared on

behalf of the appellant. Therefore, the second appeal is dismissed for non

prosecution. It is made clear that, in the event, if any application is filed

in future for restoration of the Second Appeal, the same will be

entertained only, the appellant is depositing a sum of Rs.6,50,000/- as

agreed to pay towards full and final settlement.

3.This Court is very clear that a dilatory tactics has been followed

by the appellant, having made a statement that his client is ready and

willing to pay a sum of Rs.6,50,000/- and thereafter, none appeared for

the appellant. It shows that he wanted the matter to go for a dismissal

and to file a subsequent application for restoration. Therefore, the

appellant's attitude looks like taking leniency to proceed the matter

before this Court.

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https://www.mhc.tn.gov.in/judis S.A.(MD)No.265 of 2019

KRISHNAN RAMASAMY, J.

cp

4.Therefore, the second appeal is dismissed for non prosecution.

No costs. Consequently, connected miscellaneous petition is closed.

26.04.2022

Index : Yes/No Internet : Yes/No cp

To

1.The V Additional District judge, Madurai.

2.The Principal Subordinate Judge, Madurai.

S.A(MD)No.265 of 2019 and CMP(MD) No.5127 of 2019

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