Chellappa vs Muthukrishnan
2023 Latest Caselaw 3842 Mad

                                                                            S.A.(MD)No.481 of 2017

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 05.04.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             S.A.(MD)No.481 of 2017
                                                      and
                                           C.M.P.(MD)No.10171 of 2017

                     Chellappa                                               ... Appellant

                                                         /Vs./

                     Muthukrishnan                                           ... Respondent


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to allow the Second Appeal and consequently set aside the partly
                     modified decree and judgment of the learned Principal District Judge,
                     Tirunelveli, dated 30.06.2017 made in A.S.No.18 of 2016 of paying Rs.
                     3,00,000/- with interest at the rate of 9% till the date of decree and 6%
                     subsequent to the decree till the date of realization forthwith as against
                     the decree and judgment of the learned Subordinate Judge, Valliyoor,
                     Tirunelveli District, dated 05.01.2016 made in O.S.No.155 of 2014 of
                     ordering the relief of specific performance of ordering the relief of
                     specific performance of contract with subsequent permanent injunction
                     in relation to the sale of suit property forthwith.


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https://www.mhc.tn.gov.in/judis
                                                                              S.A.(MD)No.481 of 2017

                                       For Appellant    : Mr.S.Palani Velayutham
                                       For Respondents : Mr.H.Arumugam


                                                       JUDGMENT

The learned counsel appearing for the appellant has been

repeatedly seeking adjournments for reporting settlement of this second

appeal. On 14.03.2023, it was reported by both the counsels that talks of

settlement were going on between the parties and in all likelihood,

settlement would be reached within a period of one week. Only on the

request made by both the counsels, the matter was adjourned to

24.03.2023 for reporting settlement.

2. On 24.03.2023, it was reported by the learned counsel

appearing for the appellant that though he has received oral instructions

from his client that the matter has been settled between the parties, he

sought for further time to get written instructions and report settlement of

the matter before this Court. After recording the statement made by the

learned counsel appearing for the appellant and on his request, the matter

was adjourned today, ie., 05.04.2023.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.481 of 2017

3. Even today, the learned counsel appearing for the appellant is

not able to report settlement of the matter, but instead he seeks further

time for reporting settlement.

4. The learned counsel appearing for the respondent also submits

that even though there was a proposal given by the appellant for

settlement earlier, the appellant had not contacted the respondent

thereafter for arriving at a settlement.

5. The learned counsel appearing for the appellant is also not

ready to argue the matter today. It can now be inferred that the appellant

is not interested in prosecuting the Second Appeal. Accordingly, this

Second Appeal is dismissed for non-prosecution. There shall be no order

as to costs. Consequently, connected Miscellaneous Petition is closed.

                                                                                 05.04.2023
                     Index          : Yes / No
                     NCC            : Yes / No
                     Sm

https://www.mhc.tn.gov.in/judis S.A.(MD)No.481 of 2017

ABDUL QUDDHOSE, J.

Sm

TO:

1.The Principal District Judge, Tirunelveli.

2.The Subordinate Judge, Valliyoor, Tirunelveli District.

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

Judgment made in S.A.(MD)No.481 of 2017

Dated:

05.04.2023

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