Murugan vs Kanthasasmy (Died)
2023 Latest Caselaw 5691 Mad

                                                                                   S.A(MD).No.177 of 2023

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 07.06.2023

                                                            CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                   S.A.(MD)No.177 of 2023
                                               and C.M.P(MD)No.3758 of 2023
                     1.Murugan
                     2.Jeyaraj
                     3.Rukmani
                     4.Chandra                           .... Appellants/Appellants/Defendants
                                                               Vs.
                     Kanthasasmy (Died)
                                                               ... 1st Respondent/Plaintiff
                     1.Naranammal
                     2.Kavuri
                     3.Veerasamy                         ...Respondents 2 to 4/Respondents 2 to 4

                     Prayer :          Second Appeal is filed under Section 100 of Code of Civil
                     Procedure, against the judgment and decree passed in A.S.No.16 of 2017 on
                     the file of the Sub Court, Kovilpatti dated 06.12.2021 confirming the
                     judgment and decree passed by the District Munsif Court, Kovilpatti, in
                     O.S. No.62 of 2011 dated 05.12.2012.
                                             For Appellants      : Mrs.Lakshmi Gopinathan
                                                                   for Mr.M.Prabu
                                             For R2 to R4        : Mr.Ponsenthil Kumaran

                                                       JUDGMENT

The matter is listed today under the caption ''for dismissal''. The

learned counsel for the appellants is once again not ready. It is brought to

https://www.mhc.tn.gov.in/judis S.A(MD).No.177 of 2023

the notice of this Court by the learned counsel for the respondents 2 to 4

that an Execution Petition has already been filed to execute the final decree.

The learned counsel for the respondents 2 to 4 have already filed their

written submissions. The learned counsel for the respondents 2 to 4 would

submit that if an adjournment is granted, it will delay the execution of the

final decree. Being concurrent findings, that too when an Execution Petition

has already been filed, this Court cannot grant any further adjournment to

the appellants. Today, the learned counsel for the appellants is not ready to

argue the matter despite the fact that the matter is listed under the caption

'for dismissal'. In view of the same, it can be inferred that the appellants are

not interested in prosecuting this Second Appeal and they are only

interested in dragging on the proceedings.

2. In view of the above reasoning, this Second Appeal is dismissed

for non-prosecution. No costs. Consequently, connected miscellaneous

petition is closed.

07.06.2023

Index : Yes/No Internet: Yes/No CM

https://www.mhc.tn.gov.in/judis S.A(MD).No.177 of 2023

To

1.The Sub Court, Kovilpatti

2. The District Munsif Court, Kovilpatti

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

https://www.mhc.tn.gov.in/judis S.A(MD).No.177 of 2023

ABDUL QUDDHOSE, J.

CM

S.A.(MD)No.177 of 2023 and C.M.P(MD)No.3758 of 2023

07.06.2023

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