The Madurai Bench dismissed a second appeal for non-prosecution due to the repeated failure of the appellant to appear and press the matter despite multiple postings under the caption 'for dismissal' and periods of intentional delay.
Second Appeal dismissed for non-prosecution; connected miscellaneous petition closed.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 25.01.2018
CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
Second Appeal (MD) No.450 of 2017 and C.M.P.(MD) No.9525 of 2017
R.M.Shahul Hameed (died) 1.Katheejathul Kubura
2.Seeni Shakila 3.Kithal Raj Mahamed
4.Seeni Musthabehu
5.Sithi Ralia 6.Sabeea Rani : Plaintiff/Appellant/Appellant (Appellants 3 and 4 represented through Power Agent N.Ramanathan)
Lakshmana Konar : Defendant/Respondent/Respondent
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the decree and judgement passed in A.S.No.48 of 2007, dated 15.09.2014 on the file of the Sub Court, Ramanathapuram confirming the decree and judgment in O.S.No.20 of 1995, dated 10.12.2002 on the file of the District Munsif Court, Ramanathapuram.
For Appellant : Mr.J.M.Hassanul Bazari
For Respondent : Mr.M.Thirunavukkarasu
JUDGMENT
When the matter was posted on 18.01.2018, there was no representation for appellant. Hence, the Registry was directed to post the matter on 22.01.2018 under the caption “for dismissal”. Again when the matter came up on 22.01.2018 under the caption “for dismissal”, there was no representation for the appellant. Once again the matter was directed to be posted today i.e., on 25.01.2018 under the caption “for dismissal”. Even today, there is no representation for the appellant. It is seen that the second appeal was filed with a delay and the delay was condoned and the learned counsel for the appellant has been taking adjournments periodically https://hcservices.ecourts.gov.in/hcservices/ whenever the matter is posted under the caption “for admission” or “for adjourned admission”.
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2.Having regard to the attitude of the learned counsel for the appellant, this Court has no other option but to dismiss this Second Appeal for non-prosecution. Accordingly, this Second Appeal is dismissed for non-prosecution. However, there is no order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/Assistant Registrar(CSI) /True Copy/
Sub-Assistant Registrar
To
1.The Sub Court, Ramanathapuram.
2.The District Munsif , Ramanathapuram.
+One cc to Mr.M.Thirunavukkarasu, Advocate, SR.No.44365
SRM
RL/4C/2P/KKR/SAR4/12/2/2018
Judgment made in
Second Appeal (MD) No.450 of 2017
25.01.2018
R.M.Shahul Hameed others
Lakshmana Konar
S.S.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court