Saraswathi vs Krishnamoorthy(Died)
2022 Latest Caselaw 14039 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 05.08.2022

                                                          CORAM:

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                 S.A(MD)No.468 of 2007

                     Saraswathi                    :Appellant/Appellant/Plaintiff

                                                   .vs.

                     1.Krishnamoorthy(died),

                     2.Seethalakshmi

                     3.K.Kumar

                     4.K.Mohan                     :Respondents/Respondents/Defendants


                     PRAYER: Second Appeal filed under Section 100 of the Civil
                     Procedure Code against the judgment and decree made in A.S.No.
                     39 of 2002, dated 11.3.2005, on the file of Sub-Judge, Sivagangai
                     confirming the judgment and decree made in O.S.No.69 of 2000,
                     dated         31.10.2001,    on   the   file   of   Principal   District   Munsif,
                     Sivagangai.


                                       For Appellant            :Mr.Niranjan S.Kumar
                                       For Respondent-1         :Died
                                       For Respondent-2         :Mr.S.Srinivasa Raghavan

                                                   JUDGMENT

*********

A perusal of the cause-list, dated4.8.2022 shows that for

https://www.mhc.tn.gov.in/judis Respondents 3 and 4 Batta with enclosures due, however, the

learned counsel for the appellant states before this Court that

though service is effected, proof not filed and has also stated that

he has filed the proof and also given the USR Number. Hence this

Court directs the Registry to verify the same whether service is

effected or otherwise, to print the name of respondents 3 and 4 in

the cause-list and the matter is directed to be listed

today(05.08.2022).

2.When the matter is verified by the Registry, it is stated that

the appellant has paid the batta memo only after 5.00 p.m on

4.8.2022 and therefore, misguided this Court by making the above

submissions.The appellant's above submission is nothing but an

abuse of process of Court. This shows that the appellant is not

interested in prosecuting the Second Appeal diligently. Hence this

Court has no other option except to dismiss the Second Apeal for

default.

3.Accordingly, the Second Appeal is dismissed for default. No

costs.

05.08.2022

https://www.mhc.tn.gov.in/judis Index:Yes/No

Internet:Yes/No

vsn

To

1.The Sub-Judge, Sivagangai.

2.The Principal District Munsif, Sivagangai.

3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis P.VELMURUGAN,J.

vsn

JUDGMENT MADE IN S.A(MD)No.468 of 2007

05.08.2022

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