State Bank Of India vs L.Krishnan
2023 Latest Caselaw 6092 Mad

                                                                             S.A.No.1342 of 2001



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 13.06.2023

                                                   CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                              S.A.No.1342 of 2001


                     State Bank of India,
                     Siruthozhil Branch,
                     Ramakrishnapuram,
                     Karur - 639 001.
                     Represented by its Manager                     ...Appellant
                                                      vs.

                     1.L.Krishnan
                     2.T.Devakumar
                     3.M.Soundarapandian
                     4.M.Kamarajan
                     5.P.Pichammal
                     6.P.Manickkam Ammal
                     7.G.Mallika
                     8.S.Nageswari
                     9.J.Pushpavalli
                     10.P.Parameswari                               ... Respondents




                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                    S.A.No.1342 of 2001



                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 15.11.2000 in A.S.No.
                     100 of 1999 on the file of the Additional District Judge and Chief
                     Judicial Magistrate, Karur confirming the Judgment and Decree dated
                     02.08.1996 in O.S.No.484 of 1987 on the file of the Principal District
                     Munsif Court, Karur decreeing Rs.25,497/- together with interest thereon
                     at 12% from 27.04.1987 and at 6% from the date of decree till realisation
                     and granting Rs.3,990/- as costs.


                                  For Appellant          :     No appearance

                                  For Respondents        :     Mr.P.Thiagarajan for R1
                                                               No appearance for R3 to R9


                                                        JUDGMENT

On 01.06.2023, when the matter was taken up for hearing, there

was no representation for the appellant. In order to give one more

opportunity this matter was directed to be listed today. On that day, it

was made clear that no further time will be granted.

2. Today also, there is no representation for the appellant. The

appeal is of the year 2001. It has been kept pending for more than 22

https://www.mhc.tn.gov.in/judis S.A.No.1342 of 2001

years. Despite sufficient opportunity being given to the appellant, he has

not come forward to proceed with the appeal effectively. Therefore, this

Court has no other option except to dismiss the appeal for non-

prosecution. Accordingly, this Second Appeal is dismissed for non-

prosecution with cost of Rs.1,00,000/- (Rupees One Lakh only) payable

by the appellant to the Registry to the credit of S.A.No.1342 of 2001. In

case, the appellant files any application to restore the appeal, Registry is

directed not to take the application on file unless the appellant deposits

the cost imposed by this Court.

13.06.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order

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To

1.The Additional District Judge and Chief Judicial Magistrate, Karur

2.The Principal District Munsif Court, Karur.

3.The Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.No.1342 of 2001

P.VELMURUGAN, J.

mbi

S.A.No.1342 of 2001

13.06.2023

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