V.Ramuthai vs M.Parimala
2023 Latest Caselaw 5220 Mad

                                                                           S.A.(MD)No.618 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 01.06.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                               S.A.(MD)No.618 of 2022

                     V.Ramuthai                                             ... Appellant
                                                          /Vs./

                     M.Murugan (Died)
                     1.M.Parimala
                     2.Minor M.Jothi
                     3.Minor M.Hariharan                                    ... Respondents
                     (Minors 2 and 3 are represented through their mother and next guardian,
                     M.Parimala.)


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the judgment and decreetal order dated 23.12.2021
                     made in A.S.No.14 of 2019, on the file of the learned Subordinate Judge,
                     Periyakulam and by confirming the judgment and decree passed in
                     O.S.No.148 of 2014 dated 12.03.2019 on the file of the learned District
                     Munsif, Periyakulam and allow this Second Appeal by recovering the
                     possession of the suit property from the 1st to 3rd respondents and hand
                     over to the appellant / appellant / plaintiff.


                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                   S.A.(MD)No.618 of 2022




                                        For Appellant      : No appearance
                                        For Respondents : Mr.D.Srinivasa Ragavan




                                                         JUDGMENT

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

is no representation on the side of the appellant. The learned counsel

appearing for the respondents is present.

2. As seen from the earlier proceedings, there has been no

representation on the side of the appellant on 21.09.2022, 27.09.2022.

On 24.03.2023, when the matter was listed before me, the learned

counsel appearing for the appellant had submitted before this Court that

the appellant was willing for mediation and on that date, the learned

counsel appearing for the respondents sought time to get instructions as

to whether the respondents were agreeable for mediation or not.

Thereafter, the matter was adjourned to 05.04.2023.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.618 of 2022

3. On 05.04.2023, the learned counsel appearing for the

respondents had submitted before this Court that the respondents were

not agreeable for mediation. After recording the said submission, this

Court had directed both the counsels to file their brief notes of

submissions along with the authorities they rely upon before the next

hearing date and the matter was adjourned to 27.04.2023 for the said

performance.

4. On 27.04.2023, the learned counsel appearing for the

respondents was ready. However, the learned counsel appearing for the

appellant once again sought an adjournment and this Court had recorded

the fact that for the third time, the appellant sought adjournment. Since

repeated adjournments were sought for by the appellant, the matter was

directed to be listed by this Court under the caption 'For Dismissal' today

(01.06.2023).

https://www.mhc.tn.gov.in/judis S.A.(MD)No.618 of 2022

5. Today also, there is no representation on the side of the

appellant and only the learned counsel appearing for the respondents is

present. 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.

                                                                                01.06.2023
                     Index             : Yes / No
                     NCC               : Yes / No
                     Sm

https://www.mhc.tn.gov.in/judis S.A.(MD)No.618 of 2022

TO:

1.The Subordinate Judge, Periyakulam.

2.The District Munsif, Periyakulam.

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

https://www.mhc.tn.gov.in/judis S.A.(MD)No.618 of 2022

ABDUL QUDDHOSE, J.

Sm

Judgment made in S.A.(MD)No.618 of 2022

Dated:

01.06.2023

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