Kumara Kannan vs Jaya
2023 Latest Caselaw 3159 Mad

                                                                         S.A.(MD)No.432 of 2017

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 24.03.2023

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             S.A.(MD)No.432 of 2017
                                                      and
                                            C.M.P.(MD)No.8934 of 2017

                     Kumara Kannan                                        ... Appellant
                                                       /Vs./

                     1.Jaya

                     2.Sri Arunodhaya Financiers,
                       No.16, Athikrishnapuram,
                       Karur Taluk,
                       Karur District.
                     3.K.Manivannan
                     4.M.Vennila
                     5.P.Mohan                                            ... Respondents


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the judgment and decree dated 05.04.2017 made in
                     A.S.No.9 of 2016, on the file of the Principal District Court, Karur,
                     reversing the judgment and decree dated 06.10.2015 made in O.S.No.338
                     of 2010 on the file of the Additional Sub Court, Karur, and allow this
                     Second Appeal pending on the file of this Court.

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                   S.A.(MD)No.432 of 2017

                                        For Appellant      : No appearance
                                        For Respondents : Mr.V.Nagendran (R1)
                                                            No appearance (R2 to R4)
                                                            Mr.V.Meenakshi Sundaram (R5)


                                                         JUDGMENT

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

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

2. After recording the memo filed by the learned counsel on record

for the appellant, wherein he has stated that he is reporting no

instructions, this Court directed the Registry to issue notice to the

appellant to give one more opportunity to the appellant informing him

about the next hearing date as 17.03.2023. As directed by this Court, the

Registry had also sent a notice to the appellant informing him about the

next date of hearing as 17.03.2023. The said notice sent by the Registry

was served on the appellant on 15.03.2023. Though notice was served,

none appeared on behalf of the appellant.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.432 of 2017

3. On the last hearing date, ie., on 20.03.2023, since there was no

representation on the side of the appellant, this Court directed the

Registry to print the name of the appellant and post the matter under the

caption 'For Dismissal' today. Accordingly, this matter has been listed

under the caption 'For Dismissal' today. Once again, there is no

representation on the side of the appellant. 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.

                                                                                  24.03.2023
                     Index          : Yes / No
                     NCC            : Yes / No
                     Sm

https://www.mhc.tn.gov.in/judis S.A.(MD)No.432 of 2017

ABDUL QUDDHOSE, J.

Sm TO:

1.The Principal District Court, Karur.

2.The Additional Sub Court, Karur.

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

Judgment made in S.A.(MD)No.432 of 2017

Dated:

24.03.2023

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