S.Kumar v. Kamalammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2019

CORAM:

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

S.Kumar ..Appellant/Plaintiff

Vs.

Kamalammal ..Respondent/Defendent

PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree of the learned XVIII Additional District and Sessions Judge, Chennai, dated 29.07.2013 in A.S.No.305 of 2012, confirming the judgment and decree of the learned XII Assistant Judge, City Civil Court, Chennai, dated 18.02.2010 in O.S.No.3005 of 2008.

For Appellant : Mr.T.Dhanasekaran For Respondent : Mr.J.Kannan

Notice of motion was ordered on 29.04.2014. The appeal was listed for hearing atleast ten times between 10.04.2019 and today. On all these occasions, the appeal either been adjourned at the instance of the counsel or due to the absence of the counsel for the appellant.

1. Even today i.e., 12.11.2019, when the matter is called, the learned counsel for the appellant is not ready and an adjournment is sought for. I do not find any justification in request for adjournment. Hence, the second appeal is dismissed for non prosecution. No costs.