V.Gandhi vs Periannan (Died)
2023 Latest Caselaw 4791 Mad

                                                                                  S.A.No.1343 of 2000

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 25.04.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                  S.A.No.1343 of 2000

                 V.Gandhi                                        ...Appellant
                                                          -Vs-
                 Periannan (died)
                 2.N.Menaka
                 3.R.Kesavan
                 (R2 is brought on record as LR of the
                  deceased sole respondent vide
                  Court order dated 19.04.2022)
                 (R3 is impleaded vide Court order
                  dated 01.02.2023)                              ...Respondents


                 PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure,
                 against the decree and judgment dated 11.11.1999 rendered in A.S.No.62 of 1997
                 on the file of the Second Additional Subordinate Judge of Madurai confirming the
                 decree and judgment dated 12.11.1996 rendered in O.S.No.32 of 1989 on the file
                 of the District Munsif, Melur.
                                      For Appellants     : No-appearance
                                      For R2             : No appearance
                                      For R3             : Mr.L.Shaji Chellan



                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                     S.A.No.1343 of 2000

                                                        JUDGMENT

When the matter was taken up for hearing on 09.01.2023, there was no

representation for the appellant, hence, the matter was directed to be listed on

11.01.2023 under the caption 'for dismissal'. Thereafter the matter was not listed.

However, the matter was listed in the Advance list for the past one month. Today

when the matter is taken up for hearing, there is no representation for the

appellant. The appeal is of the year 2000. Despite sufficient opportunity given to

the appellant, the appellant has not come forward to prosecute the appeal.

Therefore, this Second Appeal is dismissed for non-prosecution with costs of Rs.

1,00,000/- (Rupees One Lakh only) payable by the appellant to the Registry. In

case the appellant has filed any application to restore the appeal, Registry is

directed not to take the application on file unless the appellant deposits the said

amount imposed by this Court.

                                                                                      25.04.2023

                 NCC      : Yes/No
                 Index : Yes / No
                 Internet : Yes / No
                 am

https://www.mhc.tn.gov.in/judis S.A.No.1343 of 2000

To

1.The II Additional Subordinate Court, Madurai.

2.The District Munsif, Melur.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.No.1343 of 2000

P.VELMURUGAN, J.

am

S.A.No.1343 of 2000

25.04.2023

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