Durairaj vs Ravichandran
2023 Latest Caselaw 5813 Mad

                                                                                      S.A(MD).No.475 of 2017

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED : 08.06.2023

                                                             CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                    S.A.(MD)No.475 of 2017
                                                and C.M.P(MD)No.10032 of 2017
                     1. Durairaj
                     2. Charlet                      .... Appellants/Respondents 1 & 2/
                                                                        Defendants 1 & 2
                                                                 Vs.
                                                          st
                     1. Ravichandran                 .. 1 Respondent/Appellant/Plaintiff
                     2. Jayasingh                    .. 2nd Respondent/2nd Respondent/3rd Defendant

                     Prayer :          Second Appeal is filed under Section 100 of Code of Civil
                     Procedure, against the judgment and decree dated 22.01.2016 passed in
                     A.S.No.04 of 2012 on the file of the II Additional Subordinate Judge,
                     Nagercoil @ Camp Court, Kulithurai, reversing the judgment and decree
                     dated 19.10.2011 passed            in O.S. No.440 of 2004 on the file of the I
                     Additional District Munsif (in-charge), Kulithurai.
                                               For Appellants      : Mr.N.Dilip Kumar
                                               For R1 & R2         : No appearance

                                                         JUDGMENT

The matter is listed before me for the 5th time. As seen from the earlier

proceedings, the learned counsel for the appellants has been repeatedly

seeking adjournments in this matter. The Second Appeal is of the year 2017.

https://www.mhc.tn.gov.in/judis S.A(MD).No.475 of 2017

2. On the last hearing date i.e on 21.04.2023, the learned counsel for

the appellants sought an adjournment on the ground that he has to receive

an instructions from his clients and he also informed this Court that he is

unable to contact his clients. Since the learned counsel for the appellants

has been repeatedly seeking adjournments, this Court after recording the

aforesaid submission of the learned counsel for the appellants on

21.04.2023 adjourned the matter to 08.06.2023 i.e today for dismissal.

3. Even today, the learned counsel for the appellants is not ready

despite the fact that the Second Appeal is listed under the caption 'for

dismissal'. It can now be inferred that the appellants are not interested in

prosecuting the Second Appeal. Accordingly, this Second Appeal is

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

miscellaneous petition is closed.

08.06.2023

Index : Yes/No Internet: Yes/No CM

https://www.mhc.tn.gov.in/judis S.A(MD).No.475 of 2017

To

1.The II Additional Subordinate Judge, Nagercoil @ Camp Court, Kulithurai

2. The I Additional District Munsif (in-charge), Kulithurai.

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

https://www.mhc.tn.gov.in/judis S.A(MD).No.475 of 2017

ABDUL QUDDHOSE, J.

CM

S.A.(MD)No.475 of 2017 and C.M.P(MD)No.10032 of 2017

08.06.2023

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