Sarasu vs Muthusamy
2023 Latest Caselaw 14729 Mad

Madras High Court

Sarasu vs Muthusamy on 23 November, 2023

Author: G.Chandrasekharan

Bench: G.Chandrasekharan

                                                                            S.A.(MD).No.63 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 23.11.2023

                                                    CORAM:

                            THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                          S.A.(MD).No.63 of 2021 and
                                           CMP(MD) No.806 of 2021

                 1. Sarasu,

                 2. Chinnammal

                 3. Adanchi                                                      ... Petitioners

                                                         Vs

                 Muthusamy,
                 S/o.Minjan,Ayyankurichi Village,T.
                 Pudukkottai Taluk, Ilaiyankudi Taluk,
                 Sivagangai District..                                          ... Respondent


                 PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code,
                 against the judgment and decree passed in A.S.No. 149 of 2019 on the file of the
                 Sub Court, Manamadurai dated 29-111-2019 reversing the Judgment and decree
                 passed in O.S.No. 8 of 2019 on the file of the Learned District Munsif Cum
                 Judicial Court, Ilayankudi dated 05-01-2019.




                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                    S.A.(MD).No.63 of 2021

                                           For Appellants  : Mr.S.Paul Murugesh for
                                                           Mr.V.Selvakumar
                                           For Respondents : Mr.A.Arun Ramnath for
                                                           Mr.G.Prabhu Rajadurai


                                                       JUDGMENT

This second appeal is listed under the caption 'for dismissal'. This

appeal is of the year 2021.

2. When the appeal was listed for hearing on 02.11.2023, it was ordered

that despite the pendency of the appeal from the year 2021, the learned counsel

for the appellants is not ready. On the representation of the learned counsel for

the respondent, the appellants were directed to serve copy of the typed set of

papers to the counsel for the respondent and was adjourned to 09.11.2023. On

09.11.2023, there was no representation for the appellants and it was represented

by the learned counsel for the respondent that typed set of papers were not served

on the respondent. Therefore, this appeal was ordered to be listed under the

caption, 'for dismissal'. Thus, the matter is listed under the caption, 'for dismissal'

today.

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

3. Even today, Mr.S.Paul Murugesh, learned counsel representing the

learned counsel for the appellants on record, submitted that the appellants are not

ready. The learned counsel for the respondent submitted that despite orders from

this Court, typed set of papers were not served on the respondent. The conduct of

the appellants shows that the appellants did not care the orders passed by this

Court. The fact that the appellants have not served the typed set of papers to the

respondent and that the appellants are not ready show that the appellants are not

interested in prosecuting this appeal. Therefore, the second appeal is dismissed

for non prosecution. No costs. Consequently connected Miscellaneous Petition is

closed.

                                                                                          23.11.2023

                 NCC     : Yes/No
                 Index : Yes/No
                 RR
                 To
                 1.The Sub Court, Manamadurai

2.The District Munsif Cum Judicial Court, Ilaiyankudi

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

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

G.CHANDRASEKHARAN,J.

RR

23.11.2023

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