Muthuvel Udayar vs P.Gopal
2022 Latest Caselaw 16680 Mad

                                                                                 S.ANo.272 of 1996

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 19.10.2022

                                       CORAM: JUSTICE N.SESHASAYEE

                                                 S.A.No.272 of 1996
                                    and C.M.P(MD)Nos.6002 to 6004 of 2019,
                          1106 to 1108 of 2020, 1112 to 1114 of 2020, 1109 to 1111 of 2020
                     1.Muthuvel Udayar
                     2. Kamalam
                     3. Alagappan (Died)
                     4. Subbiah (Died)           ... Appellants/Appellants/Defendants 1,2,4 & 5

                                                        Vs.

                     1.P.Gopal
                     2.R.Ramaiah
                     3.V.Chinniah
                     4.Periyasamy
                     5.C.Raju
                     6.C.Perumal
                     7.V.Nalliah
                     8.N.Subramanian
                     9.Karuppiah
                     10.S.Govindan
                     11.A.Chelliah                 ... Respondents/Respondents/Plaintiffs

                     Prayer: Second Appeal filed under Section 100 of Code of Civil Procedure,
                     against the judgment and decree dated 28.09.1995 in A.S.No.23 of 1994 on
                     the file of the Sub Court, Devakottai confirming the judgement and decree
                     dated 17.09.1993 in O.S.No.547 of 1990 on the file of the District Munsif
                     Court, Devakottai.
                                  For Appellants          : Mrs.Parameshwari
                                                            for Mr.D.Panneerselvam
                                  For R1 to R4, R8 to R11 : Mrs.AL.Gandhimathi


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https://www.mhc.tn.gov.in/judis
                                                                                    S.ANo.272 of 1996



                                                  JUDGMENT

This Second Appeal is of the year 1996, it was once dismissed and then

restored. Several applications were filed for impleading some legal heirs. It

is the suit for bare injunction regarding the pathway and the appellants

concurrently have suffered with the decree both before the trial court and

the First Appellate Court. Now after 26 years, the matter came up before

this Court this morning. When this Court perused the cause list, it found that

the applications were filed for condonation of delay in setting aside the

abatement for about 3000 days.

2. Given the scenario and given the facts that the appeal is pending for 26

years and the appellants are already defaulters once before this Court, this

Court informs Mrs.Parameshwari, learned counsel now on record for the

appellants that if the appellants deposit Rs.25,000/- as a pre-condition, they

may be permitted to serve notice on the other side. The learned counsel for

the appellants made a statement that she would obtain instruction from the

appellants in the matter and accordingly, the matter was adjourned till the

afternoon.

https://www.mhc.tn.gov.in/judis S.ANo.272 of 1996

3. When the matter was taken up in the afternoon, the learned counsel

submitted that the appellants now intend to engage some senior counsel.

Nothing can be more farcical than what is now attempted before this Court

in a suit for bare injunction vis-a-vis the right of pathway pending for 26

years, to keep a case alive where the appellants show zero anxiety to

proceed with the case. All the Civil Miscellaneous Petitions are dismissed

and the Second Appeal is dismissed too as abated. No costs.

19.10.2022 Index : Yes/No Internet: Yes/No CM To,

1.The Subordinate Judge, Devakottai

2.The District Munsif, Devakottai.

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

https://www.mhc.tn.gov.in/judis S.ANo.272 of 1996

N.SESHASAYEE, J.,

CM

S.A.No.272 of 1996 and C.M.P(MD)Nos.6002 to 6004 of 2019, 1106 to 1108 of 2020, 1112 to 1114 of 2020, 1109 to 1111 of 2020

19.10.2022

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