Chithiran vs K.Pitchan ... 1St
2023 Latest Caselaw 5817 Mad

                                                                             S.A(MD).No.657 of 2022

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 08.06.2023

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                              S.A.(MD)No.657 of 2022
                                           and C.M.P(MD)No.9312 of 2022
                     1.Chithiran
                     2.V.Pitchan
                     3.Veerayee
                     4.Rajeswari
                     5.Maheswari                   .... Appellants/Appellants 5, 7, 25 and 27,
                                                                 28/Defendants
                                                           Vs.
                     1.K.Pitchan                   ... 1st Respondent/1st Respondent/Plaintiff
                     2.Karuppaiah
                     3.Ambalam
                     4.Karuppanan
                     5.Chithiran
                     6.Chinnakaiai
                     7.Alagappan
                     8.Karuppanan
                     9.Karuppayee
                     10.P.Karuppanan
                     11.K.Karuppanan
                     12.V.Karuppanan
                     13.V.Vadamugathan
                     14.Sankaran
                     15.Ayyankalai
                     16.Alagan
                     17.Sangan
                     18.Chinnakaruppan
                     19.Kangani
                     20.Ponnazhagu
                     21.Alagu
                     22.Sivakumar                  ...Respondents 2 to 22/Appellants 2 to 4, 6, 8
                                                               to 24 and 26/Defendants

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https://www.mhc.tn.gov.in/judis
                                                                                    S.A(MD).No.657 of 2022




                     Prayer :          Second Appeal is filed under Section 100 of Code of Civil
                     Procedure, against the judgment and decree dated 20.07.2022 passed in
                     A.S.No.180 of 2019 on the file of the Sub Court, Melur, confirming the
                     judgment and decree dated 03.10.2019 passed in O.S. No.41 of 2009 on the
                     file of the District Munsif Court, Melur.


                                              For Appellants      : Ms.J.Anandhavalli
                                              For R1              : Mr.K.R.Laxman
                                              For R2              : No appearance

                                                        JUDGMENT

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

learned counsel representing the appellants would submit that she is a new

counsel for the appellants as she has given change of vakalat only on

02.06.2023.

2. On the last hearing date i.e on 27.04.2023, the learned counsel for

the first respondent submitted that the interim order granted by this Court is

working against the first respondent and on the said submission, the matter

was directed to be listed under the caption 'for dismissal' today as the

learned counsel for the appellants was not ready to argue the matter on

27.04.2023.

https://www.mhc.tn.gov.in/judis S.A(MD).No.657 of 2022

3. The matter is listed before me for the 3rd time. Prior to the hearing

on 27.04.2023, the matter was listed on 13.04.2023 before me. On

13.04.2023, both the learned counsels were directed to file their notes of

submissions. But till date, notes of submissions are also not filed. The

learned counsel for the first respondent is once again ready today to argue

the matter as was the case on 27.04.2023. However, the learned counsel for

the appellants seeks further time to argue the matter. The Second Appeal

has been filed challenging the concurrent findings of the courts below.

4. In view of the observations recorded by this Court in the earlier

paragraphs, no further adjournment can be granted to the learned counsel

for the appellants to argue the matter. It can now be inferred that the

appellants are not interested in prosecuting this 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.657 of 2022

To

1.The Sub Court, Melur

2. The District Munsif Court, Melur

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

https://www.mhc.tn.gov.in/judis S.A(MD).No.657 of 2022

ABDUL QUDDHOSE, J.

CM

S.A.(MD)No.657 of 2022 and C.M.P(MD)No.9312 of 2022

08.06.2023

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