Y.Arulraj vs Ganapathy
2023 Latest Caselaw 6247 Mad

                                                                             S.A.(MD)No.112 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 14.06.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             S.A.(MD)No.112 of 2022
                                                      and
                                            C.M.P.(MD)No.1473 of 2022


                     Y.Arulraj                                                 ... Appellant

                                                        /Vs./

                     A.Sudalai (Died)
                     1.Ganapathy
                     2.Bahatsingh
                     3.Janaki                                                  ... Respondents


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the judgment and decree passed in A.S.No.39 of 2012,
                     on the file of the Principal Sub Court, Tirunelveli, dated 26.09.2019
                     confirming the judgment and decree passed in O.S.No.379 of 2007 on the
                     file of the Principal District Munsif Court, Tirunelveli, dated 21.11.2009.




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https://www.mhc.tn.gov.in/judis
                                                                                   S.A.(MD)No.112 of 2022




                                        For Appellant      : No appearance
                                        For Respondents : Mr.H.Arumugam




                                                         JUDGMENT

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

is no representation on the side of the appellant once again. The learned

counsel appearing for the respondents is present.

2. This matter is listed before me for the fifth time. Since the

learned counsel appearing for the appellant was repeatedly seeking

adjournments, this Court, by its order dated 10.04.2023 directed the

Registry to post the matter under the caption 'For Dismissal' on

27.04.2023.

3. However, on 27.04.2023, the learned counsel appearing for the

appellant was once again not ready to argue the matter, as he sought

further time. On the request made by the learned counsel appearing for

https://www.mhc.tn.gov.in/judis S.A.(MD)No.112 of 2022

the appellant, this Court, by its order dated 27.04.2023 adjourned the

matter today, (14.06.2023), however, directed the Registry to list the

matter under the caption 'For Dismissal' once again.

4. Even today, there is no representation on the side of the

appellant, despite the fact that this matter is listed under the caption 'For

Dismissal'. 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.

Consequently, connected Miscellaneous Petition is closed.

                                                                                14.06.2023
                     Index             : Yes / No
                     NCC               : Yes / No
                     Sm

                     TO:

1.The Principal Sub Court, Tirunelveli.

2.The Principal District Munsif Court, Tirunelveli.

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

https://www.mhc.tn.gov.in/judis S.A.(MD)No.112 of 2022

ABDUL QUDDHOSE, J.

Sm

Judgment made in S.A.(MD)No.112 of 2022

Dated:

14.06.2023

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