The Madurai Bench dismissed a Civil Miscellaneous Appeal for default. The appeal, pending since 2013 regarding a motor accident claim, lacked appellant representation despite multiple adjournments over eight years. The court dismissed it as the appellant showed no interest.
Civil Miscellaneous Appeal dismissed for default., No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A(MD)No.131 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2021 CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI C.M.A(MD) No.131 of 2013
1.K.Periyasamy (Died)
2.Alli
3.Senthilkumar
4.Ravikumar
(Appellants 2 to 4 are brought on record as LR's of the deceased sole appellant vide Court order, dated 08.07.2021, made in C.M.P.(MD)Nos.4713 to 4715 /2021) ... Appellants
Vs.
1.Saraswathi 2.The Branch Manager, National Insurance Company Ltd., 3-A, North Veli Street, Madurai. ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree passed by the IV Additional Sub Judge, Madurai, on 07.07.2010, in M.C.O.P.No.2105 of 2004.
For Appellant : No appearance For R1 : Mr.S.T.Sasidharan Tamilkani For R2 : Mr.N.Murugesan ***
JUDGMENT
When the matter is taken up for hearing, the learned counsel for the first respondent and the learned counsel for the second respondent are ready for arguments. There is no representation for the appellants.
2.This matter is pending from the year 2013 onwards, ie. for the past eight years. The matter was placed before me on 15.04.2021, 26.04.2021, 29.04.2021, 08.07.2021, 23.07.2021, the learned counsel for the appellants not ready for arguments on all those hearing dates.
3.On 08.07.2017, the learned counsel for the appellants filed a petition, to condone the delay in bringing on record the legal representatives of the deceased and to set aside the abatement caused due to the death of the appellant. All the petitions were allowed on condition that the appellants / petitioners should not https://hcservices.ecourts.gov.in/hcservices/
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C.M.A(MD)No.131 of 2013
claim interest for the default period.
4.After impleading the legal representatives of the appellant, the case was adjourned to 23.07.2021 and again, the matter was posted on 06.08.2021 under the caption ”for arguments or for orders”. On 06.08.2021, the learned counsel for the appellants was not ready for arguments. Hence, the matter was adjourned today. Even today i.e., 13.08.2021, there is no representation for the learned counsel for the appellants.
5.The case is pending from the year 2013 and the matter was placed before me for the ninth time. The learned counsel for the appellants is not interested in taking up the case. The case is pending for the past eight years, there is no use in keeping the case pending any further. Hence, this Civil Miscellaneous Appeal is dismissed for default. No costs.
// True Copy //
Ls
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To
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
C.M.A(MD)No.131 of 2013
RD(24.08.2021) 2P 5C
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2 issues framed by the court
Whether the civil miscellaneous appeal should be dismissed due to the appellant's default and prolonged pending.
How to deal with a matter pending for eight years when the appellant has no representation.
Periyasamy (Died) and others
Saraswathi
National Insurance Company Ltd.
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
