M. Kandasamy, v. K.Palanichamy
Case brief
What is this about?
Second Appeal disposed as abated. The sole appellant and respondent died in 2018; legal heirs showed no interest, rendering further proceedings useless.
What did the court decide?
Second Appeal dismissed as abated. Connected Miscellaneous Petitions dismissed. No costs.
What the court decided
S.A(MD)No.497 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
S.A(MD)No.497 of 2014 and M.P(MD)Nos.1 & 2 of 2014
M.Kandasamy ... Appellant/Appellant/Defendant Vs. K.Palanichamy ... Respondent/Respondent/Plaintiff
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 22.03.2012, passed in A.S.No.18 of 2011 on the file of the District Court, Karur, confirming the the judgment and decree dated 30.03.2011, passed in O.S.No.39 of 2009 on the file of the Additional Sub Court, Karur.
For Appellant : Mr.A.Haja Mohideen For Respondent : Mr.P.Athimoola Pandian
JUDGMENT
When the matter came up of hearing on 05.09.2018, on the side of the respondent it was submitted that the respondent was no more and the appellant was directed to take steps on 01.10.2018. Again on 01.10.2018, it was adjourned to 22.10.2018 for taking steps finally. Again on 22.10.2018, it was adjourned to 29.10.2018 for taking steps or for orders and on 31.10.2018, at request of the appellant, again the matter was posted for taking steps on 22.11.2018. From the year 2018 to till today ie., on 25.11.2021, no steps have been taken by the appellant. Now the learned counsel for the appellant seeks further time for taking steps, for which, this Court is not inclined to grant time, since from the year 2018, sufficient opportunity has been given to him for taking steps.
Parties & counsel
- appellant
M.Kandasamy
- respondent
K.Palanichamy
Coram
V.BHAVANI SUBBAROYAN
Case details
As recorded by the court registry
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