Avudaiappan vs R.Subramaniam
2023 Latest Caselaw 6666 Mad

                                                                                S.A.(MD)No.279 of 2017

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 20.06.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             S.A.(MD)No.279 of 2017
                                                      and
                                            C.M.P.(MD)No.6164 of 2017


                     Avudaiappan                                                 ... Appellant

                                                         /Vs./

                     1.R.Subramaniam
                     2.Muthuramalingam                                           ... 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.31 of 2015,
                     on the file of the III Addl. District Court, Tirunelveli, Tirunelveli District,
                     dated 09.06.2016 confirming the judgment and decree passed in O.S.No.
                     109 of 2010 on the file of the Sub Court, Sankarankovil, Tirunelveli
                     District, dated 05.09.2014.




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https://www.mhc.tn.gov.in/judis
                                                                                   S.A.(MD)No.279 of 2017

                                        For Appellant      : No appearance
                                        For Respondents : Mr.F.X.Eugene (R1)
                                                            No appearance (R2)




                                                         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 first respondent is present.

2. The learned counsel appearing for the appellant has been

repeatedly seeking adjournments in this matter as seen from the earlier

proceedings of this Court. Infact, even on the last hearing date, ie., on

13.06.2023, the matter was listed under the caption 'For Dismissal'. Only

on the request made by the learned counsel appearing for the appellant,

this matter was adjourned today.

3. In the previous hearings, the learned counsel appearing for the

appellant had also submitted before this Court that a major share of the

https://www.mhc.tn.gov.in/judis S.A.(MD)No.279 of 2017

suit schedule property has also been purchased by the appellant

subsequent to the filing of this second appeal and therefore, he would get

instructions from his client as to whether the second appeal can be

prosecuted or not. He had also submitted before this Court that he had

also sent a communication to his client, but he has not received any

response.

4. This second appeal is of the year 2017. 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.

                                                                                 20.06.2023
                     Index          : Yes / No
                     NCC            : Yes / No
                     Sm

https://www.mhc.tn.gov.in/judis S.A.(MD)No.279 of 2017

ABDUL QUDDHOSE, J.

Sm

TO:

1.The III Addl. District Court, Tirunelveli, Tirunelveli District.

2.The Sub Court, Sankarankovil, Tirunelveli District.

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

Judgment made in S.A.(MD)No.279 of 2017

Dated:

20.06.2023

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