K.Nallamuthu v. Thangavelu
Case brief
What is this about?
The Second Appeal was listed for dismissal multiple times. The court inferred non-interest from repeated adjournment requests and dismissed the appeal for non-prosecution.
What did the court decide?
Second Appeal dismissed for non-prosecution. No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A. No.1423 of 2007
K.Nalla Muthu ... Appellant/Defendant
Vs
Thangavelu ... Respondent/Plaintiff
PRAYER: Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree dated 30.08.2005 passed by the Subordinate Judge's Court, Ariyalur in A.S.No.58 of 2002 reversing judgment and decree dated 27.02.2002 passed by the Court of Principal District Munsif in O.S.No.43 of 2001.
For Appellant : Mr.M.V.Krishnan For Respondent : Mr.A.Palaniappan
JUDGMENT
The matter is listed under the caption “for dismissal” today. Even on the last two hearing dates i.e., on 25.06.2021 & 02.07.2021, the matter was listed under the caption “for dismissal”. As seen from the earlier proceedings, the learned counsel for the Appellant has been repeatedly seeking adjournment in this matter. It can now be inferred that the Appellant is not interested in prosecuting this second appeal. Accordingly, this Second Appeal shall stand dismissed for nonprosecution. No costs.
Parties & counsel
- appellant
K.Nalla Muthu
- respondent
Thangavelu
Coram
ABDUL QUDDHOSE
Case details
As recorded by the court registry
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