N.Periyasamy vs M.Velusamy
2024 Latest Caselaw 18256 Mad

Madras High Court

N.Periyasamy vs M.Velusamy on 12 September, 2024

                                                                                       S.A.NO.656 OF 2017



                                  THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 12.09.2024

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

                                                S.A.NO.656 OF 2017
                                                      AND
                                               CMP NO.16249 OF 2017


                     N.Periyasamy                                ... Appellant / Appellant /
                                                                     Plaintiff

                                                          Vs.

                     1.M.Velusamy
                     2.U.Sundaramoorthy
                     3.N.S.N.Nataraj
                     (RR3 is impleaded as respondent in
                     S.A.No.656 of 2017 vide order of
                     Court dated 12.03.2024 made in
                     CMP No.13113 of 2021 in
                     S.A.No.656 of 2017)                         ... Respondents / Respondents /
                                                                     Defendants


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, 1908, praying to set aside the Judgment and Decree made in A.S.No.6
                     of 2016 on the file of the 3rd Additional District Judge, Dharapuram,
                     Tiruppur District dated 28.03.2017 confirming the Judgment and Decree
                     passed in C.S.No.179 of 2010 on the file of the Subordinate Judge,
                     Dharapuram dated 05.10.2015.

                                    For Appellants   :     M/s.VA VU SI Vazhakagam

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                                   S.A.NO.656 OF 2017



                                    For Respondent-1 :             Mr.S.Kaithamalai Kumaran
                                    For Respondent-2 :             Served – No Appearance
                                    For Respondent-3 :             Mr.M.R.Thangavel

                                                          JUDGMENT

When the matter was listed before this Court on 07.08.2024,

learned counsel for the appellant sought short accommodation and

accordingly, the matter was listed on 22.08.2024. Again when the matter was

called on 22.08.2024, there was no representation on behalf of the appellant

and the matter was directed to be listed today. For ease of reference, the

order dated 07.08.2024 and 22.08.2024 read as under:

“07.08.2024 Learned counsel for the appellant is not ready to argue the matter today and seeks short accommodation. This Second Appeal has not been admitted since 2017.

2.At request of the learned counsel for the appellant, post the matter on 22.08.2024. It is made clear that no further adjournment will be granted on that day. 22.08.2024 No representation for the appellant. In the interest of justice, this appeal is adjourned to 12.09.2024.”

2.Even today, there is no representation on behalf of the

https://www.mhc.tn.gov.in/judis S.A.NO.656 OF 2017

appellant. Hence, this Court is inclined to dismiss the Second Appeal for

non-prosecution.

3.Accordingly, this Second Appeal is dismissed for non-

prosecution. No costs. Consequently, connected Civil Miscellaneous Petition

is closed.

12.09.2024

TK

To

1.The 3rd Additional District Judge Dharapuram, Tiruppur District.

2.The Subordinate Judge Dharapuram.

https://www.mhc.tn.gov.in/judis S.A.NO.656 OF 2017

R.SAKTHIVEL, J.

TK

S.A.NO.656 OF 2017

12.09.2024

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