Elayappan vs Pavayi
2024 Latest Caselaw 18882 Mad

Madras High Court

Elayappan vs Pavayi on 25 September, 2024

                                                                               S.A.No.1455 of 2011

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 25.09.2024

                                                    CORAM

                              THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

                                               S.A.No.1455 of 2011
                                                       and
                                                M.P.No.1 of 2011

                   1.Elayappan
                   2.Saminathan                               ...Plaintiff / Respondents /
                                                                      Appellants
                                                      -Vs-

                   1.Pavayi
                   2.Prabhu
                   3.Perumayi
                   4.Muthu
                   5.Dhanam                                   ...Defendants / Appellants /
                                                                      Respondents
                   6.Nelliappan
                   7.Kandassamy
                   8.Sathiamoorthy
                   9.Pushpa                                   ...Defendants 3,5,10 & 11 /
                                                                      Respondents 3 to 6 /
                                                                      Respondents
                   Prayer:- Second Appeal preferred under 100 of CPC against the judgment
                   and decree dated 29.06.2011 made in A.S.No.66 of 2010 on the file of the
                   Additional District Court, Fast Track Court No.I, Salem, reversing the
                   judgment and decree dated 22.01.2010 made in O.S.No.80 of 2004 on the
                   file of the Sub Court, Attur.


                  1/4
https://www.mhc.tn.gov.in/judis
                                                                                            S.A.No.1455 of 2011

                                    For Appellants                : No appearance
                                    For R1, R2 & R4               : Mr.P.Jagadeesan
                                    For R5                        : Dismissed vide Court order dated
                                                                    16.12.2022

                                    For R6                        : Died vide Memo filed SR.No.3187
                                                                    dated 22.04.2013
                                    For R3, R7 to R9              : No appearance



                                                       JUDGMENT

This Court, by order dated 10.09.2024, passed the following order:

“On 26.07.2024, the learned counsel for the appellants reported before this Court that he had received no instructions from his clients and subsequently, he also made an endorsement in the case bundle. Further, he also requested this Court to withdraw his appearance and the appellants names to be printed in the cause list.

2. Although the registry has printed the appellants' names, no one has entered appearance on their behalf, either in person or through counsel.

3. It is seen from the docket orders that from the year 2011 itself, the case has been adjourned without being argued by the appellants and also without any valid reasons. It reveals that the appellants are not ready to lead the case.

4. As a final opportunity, considering the interest of justice, the matter is listed after two weeks under the caption

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

“for dismissal””

2. Even though the appeal is listed under the caption “For Dismissal”

today [30.08.2024], there is no representation for the appellants. Hence, this

Court is left with no other option except to dismiss the appeal for non-

prosecution.

In the result, the Second Appeal stands dismissed for Non-

Prosecution. No costs. Consequently, connected miscellaneous petition is

closed.

25.09.2024 cda Index : Yes/No Speaking/Non Speaking order

To

1.The Additional District Court, Fast Track Court No.I, Salem.

2.The Sub Court, Attur.

3.The Section Officer, VR Records, High Court, Chennai.

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

N.SENTHILKUMAR, J.

cda

25.09.2024

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