A.Ganesan vs S.Thaniklaus
2023 Latest Caselaw 4216 Mad

                                                                                    SA.No.2004 of 2001



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 13.04.2023

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                    SA.No.2004 of 2001

                     A.Ganesan                                           ...Appellant
                                                             vs.
                     S.Thaniklaus                                        ... Respondent

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree in A.S.No.13 of 2001 dated
                     29.08.2001 on the file of the Chief Judicial Magistrate Court,
                     Pudukkottai reversing the Judgment and Decree in O.S.No.97 of 2000
                     dated 13.02.2001 on the file of the Principal District Munsif Court,
                     Pudukkottai.

                                  For Appellant         :      No appearance

                                  For Respondent        :      Mr.S.Deenadhayalan


                                                            ORDER

When the matter was taken up for hearing on 10.04.2023, there

was no representation on behalf of the appellant. Therefore, the matter

was directed to be listed today under the caption 'for dismissal'.

https://www.mhc.tn.gov.in/judis SA.No.2004 of 2001

2. It is seen that the learned counsel who appeared for the appellant

has filed a memo dated 11.04.2023 to the Registry reporting 'no

instructions' from the appellant. It is also stated in the memo that inspite

of repeated reminders, the appellant has not turned up to give

instructions to proceed further in the appeal.

3. The appeal is of the year 2001 and it is pending for more than

22 years. Despite the same, the appellant is not keen on proceeding with

the case. In such circumstances, this Court has no other option except to

dismiss the second appeal for default. Accordingly, the second appeal

stands dismissed for default. No costs.

13.04.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order

mbi

https://www.mhc.tn.gov.in/judis SA.No.2004 of 2001

To

1.The Chief Judicial Magistrate Court, Pudukkottai

2.The Principal District Munsif Court, Pudukkottai

https://www.mhc.tn.gov.in/judis SA.No.2004 of 2001

P.VELMURUGAN, J.

mbi

SA.No.2004 of 2001

13.04.2023

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