Bright vs Vasanthakumar
2024 Latest Caselaw 2151 Mad

Madras High Court

Bright vs Vasanthakumar on 1 February, 2024

                                                                      SA(MD).No.2062 of 2003


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.02.2024

                                                   CORAM:

                      THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR


                                         SA(MD).No.2062 of 2003 and
                                           CMP.No.18892 of 2003

                    Bright                                             : Appellant

                                                     -vs-

                    1. Vasanthakumar
                    2.P.K.Preethi
                    3.V.K.Pratheep
                    4.V.K.Ashok
                    5.V.Jayalakshmi
                    6.Rajaiah
                    7.Jayaprakash
                    8.Jain
                    9.Sukumaran Nair
                    10.Srinivasa Panicker
                    11.Sekara Panicker
                    12.Arjuna Panicker
                    13.Rasaiyan
                    14.Rajamma
                    15.Esther
                    16.Nagappan Asan
                    17.Gopi
                    18.Lilli
                    19.Cashewnut factory
                    rep. by its Manager K.C.Soman
                    20.South Indian Thirusabai
                    Nagercoil, Kanniyakumari District.
                    21.Surendran Nair

                   1
https://www.mhc.tn.gov.in/judis
                                                                              SA(MD).No.2062 of 2003


                    22.Nalini
                    23.Suseela Devi
                    24.Kuttappan
                    25.Sathiyaseelan                                           : Respondents


                    PRAYER: The Second Appeal is filed under Section 100 C.P.C against

                    the Judgment and decree, dated 26.11.2002 made in A.S.No.78 of 1997 on

                    the file of the Subordinate Judge, Kuzhithurai reversing the Judgment and

                    decree of the Additional District Munsif Kuzhithurai, dated 17.03.1997

                    made in O.S.No.526 of 1977.



                                  For Appellant              :     No appearance

                                  For respondent             :     No appearance



                                                        JUDGMENT

This matter earlier came up for consideration on 21.09.2023. On

that date the learned counsel for the appellant reported that in spite of

addressing the letter to the appellant no instructions received by him.

Again the matter was listed on 31.01.2024, but, there was no

representation for the appellant. Hence, the matter was directed to be

listed today under the caption for dismissal. In spite of the matter listed

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

today, under the caption for dismissal there is no representation for the

appellant. Further, from the perusal of materials on records it is noticed

that the respondents 11, 17, 19 to 24 were not served though the Second

Appeal is of the year 2003. Further, the respondents stated that the

respondents 9, 12, 13 and 15 are no more. But, no steps have been taken

so far to bring on record the Legal representatives of the deceased

respondents. As the Second Appeal is of the year 2003 more than two

decades old, this Court is not inclined to show any indulgence for

adjourning the matter.

2. In the circumstances, this Court is left with no other option

except to dismiss this appeal for non prosecution. Accordingly, the Second

Appeal is dismissed for non prosecution. No costs. Consequently, the

connected Miscellaneous Petition is closed.

                                                                                      01.02.2024
                    Internet : Yes / No
                    Index    : Yes / No
                    trp





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





                    To

1. The Subordinate Judge, Kuzhithurai.

2. The Additional District Munsif Kuzhithurai,

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

MUMMINENI SUDHEER KUMAR. J.

trp

SA(MD).No.2062 of 2003 and

01.02.2024

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