K.Krishnan vs The President/Special Officer
2023 Latest Caselaw 4792 Mad

                                                                              S.A(MD).No.534 of 2022

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 25.04.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                S.A.(MD)No.534 of 2022
                     K.Krishnan                      .... Appellant/Respondent/Plaintiff

                                                           Vs.
                     1.The President/Special Officer,
                     Trichirappalli Co-operative
                     Housing Society Limited,
                     14, Ponnagar, Trichy -620 001

                     2. The Sub Registrar,
                     Trichirappalli Co-operative
                     Housing Society Limited,
                     14, Ponnagar,
                     Trichy                            ... Respondents/Respondents/Defendants

                     Prayer :        Second Appeal is filed under Section 100 of Code of Civil
                     Procedure, against the judgment and decree dated 22.02.2018 passed in
                     A.S.No.93 of 2015 on the file of the II Additional Sub-ordinate Judge,
                     Trichirappalli confirming the judgment and decree dated 30.10.2014 passed
                     in O.S.No.1401 of 2013 on the file of the District Munsif Court (V ADM),
                     Trichirappalli.


                                           For Appellant      : No appearance
                                           For R2             : Mrs.S.Jeyapriya
                                                                Government Advocate
                                           For R1            : No appearance



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https://www.mhc.tn.gov.in/judis
                                                                                      S.A(MD).No.534 of 2022

                                                         JUDGMENT

The matter is listed today under the caption 'for dismissal'. There is no

representation on the side of the appellant. Earlier, the learned counsel for

the appellant had sought for an adjournment on the ground that the parties

are exploring the possibility for arriving at a settlement. This Court had also

granted adjournment to the appellant to enable the parties to arrive at a

settlement. On the last hearing date on 19.04.2023, when the matter was

posted finally for reporting settlement, the learned counsel for the appellant

once again sought time for arguing the matter. Since the learned counsel for

the appellant was repeatedly seeking adjournments, this Court had directed

the Registry to list the matter under the caption 'for dismissal' today. In fact,

this Court while hearing the matter on 15.03.2023, had expressed its prima

facie view that there is no merit in this Second Appeal as there are no

substantial questions of law involved. Since there is no representation on

the side of the appellant today, it can now be inferred that the appellant is

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

Appeal is dismissed for non-prosecution. No costs.

25.04.2023 Index : Yes/No Internet: Yes/No CM

https://www.mhc.tn.gov.in/judis S.A(MD).No.534 of 2022

To,

1.The II Additional Sub-ordinate Judge, Trichirappalli

2. The District Munsif Court (V ADM), Trichirappalli.

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

https://www.mhc.tn.gov.in/judis S.A(MD).No.534 of 2022

ABDUL QUDDHOSE, J.

CM

S.A.(MD)No.534 of 2022

25.04.2023

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