Muthu Thevar vs Krishnamorthy
2023 Latest Caselaw 4008 Mad

                                                                     S.A.(MD)No.SR38396 of 2009

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 10.04.2023

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                              M.P.(MD)No.1 of 2009
                                                       in
                                           S.A.(MD)No.SR38396 of 2009
                                          & S.A.(MD)No.SR38396 of 2009


                     Muthu Thevar                                          ... Appellant



                                                      /Vs./

                     1.Krishnamorthy
                     2.Sundaraj
                     3.Balu
                     4.S.Subaian
                     5.S.Balayan
                     6.Rajendran                                           ... Respondents


                     PRAYER in M.P.(MD)No.1 of 2009: Petition filed under Section 5 of the
                     Limitation Act, to condone the delay of 567 days in filing the Second
                     Appeal.



                     1/4
https://www.mhc.tn.gov.in/judis
                                                                               S.A.(MD)No.SR38396 of 2009

                     PRAYER in S.A.(MD)No.SR38396 of 2009: Second Appeal filed under
                     Section 100 of the Civil Procedure Code to set aside the judgment and
                     decree passed in A.S.No.40 of 2007, on the file of the Subordinate Judge,
                     Pattukottai, dated 06.11.2007, reversing the judgment and decree passed
                     in O.S.No.69 of 2005 on the file of the District Munsif Court,
                     Pattukkottai, dated 11.01.2007.


                                        For Appellant      : No appearance
                                        For Respondents : No appearance




                                                         JUDGMENT

This matter is listed under the caption ‘For Dismissal’ today. There

is no representation on the side of the appellant once again.

2. Even on the last hearing date, ie., on 05.04.2023, there was no

representation on the side of the appellant. This Miscellaneous Petition

has been filed to condone the delay of 567 days in filing the Second

Appeal. The first respondent is also dead. Till date, no steps have been

taken by the appellants to bring on record the legal representatives of the

deceased first respondent. It can now be inferred that the appellant is not

https://www.mhc.tn.gov.in/judis S.A.(MD)No.SR38396 of 2009

interested in prosecuting the Second Appeal. In fine, this Miscellaneous

Petition is dismissed for non-prosecution and accordingly, Second

Appeal is dismissed for non-prosecution at the SR stage itself. There

shall be no order as to costs.

                                                                           10.04.2023
                     Index        : Yes / No
                     NCC          : Yes / No
                     Sm

https://www.mhc.tn.gov.in/judis S.A.(MD)No.SR38396 of 2009

ABDUL QUDDHOSE, J.

Sm TO:

1.The Subordinate Judge, Pattukottai.

2.The District Munsif Court, Pattukkottai.

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

Judgment made in M.P.(MD)No.1 of 2009 in S.A.(MD)No.SR38396 of 2009 & S.A.(MD)No.SR38396 of 2009

Dated:

10.04.2023

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