The Madurai Bench of the Madras High Court dismissed the second appeal for non-prosecution after repeated adjournments due to the absence of the appellants' counsel despite directions to list for dismissal. No order as to costs.
Second Appeal dismissed for non-prosecution. No order as to costs. Connected miscellaneous petition closed.
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S.A.(MD).No.427 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.04.2023
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
S.A.(MD).No.427 of 2017 and
C.M.P.(MD).No.8877 of 2017
1.R.Ponnammal @ Royammal
2.R.Jeevaraj ... Appellants/Appellants/Defendants
Vs.
1.Regina Mary
5.M.Gnanaprakasam ...Respondents/Respondents/Plaintiffs
Prayer : Second Appeal is filed under Section 100 of CPC to set aside the judgment and decree dated 05.10.2016 made in A.S.No.25 of 2015 on the file of the Subordinate Judge, Kovilpatti by confirming the judgment and decree dated 08.04.2015 made in O.S.No.91 of 2012 on the file of the District Munsif Court, Kovilpatti and allow this Second Appeal.
For Appellants : No appearance For Respondents : Mr.S.Vellaichamy
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S.A.(MD).No.427 of 2017
JUDGMENT
The matter is listed under the caption "for dismissal" today. It is listed before me for the fifth time. For the first time on 14.03.2023, when the matter was listed before me, both the counsels sought time to argue the matter. At their request, the matter was adjourned to 21.03.2023. On 21.03.2023, there was no representation on the side of the appellants. Hence, this Court posted the matter for dismissal on 28.03.2023. As directed by this Court, the matter was listed for hearing on 28.03.2023 under the caption "for dismissal". On 28.03.2023, once again the learned counsel for the appellants was not ready and he sought for a short accommodation to argue the matter. Only on his request, the matter was adjourned to 12.04.2023. But, however, this Court directed the Registry to list the matter once again under the caption "for dismissal". On 12.04.2023, when the matter was listed under the caption "for dismissal", the learned counsel for the appellants once again sought time to argue the matter. Hence, at his request, once again the matter was adjourned to 21.04.2023, i.e., today.
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S.A.(MD).No.427 of 2017
also present. However, when the matter is once again called in the afternoon session, there is no representation on the side of the appellants, but only the learned counsel for the respondents is present. This Second Appeal is of the year 2017. It can now be inferred that the appellants are not interested in prosecuting this Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
21.04.2023
NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm
To
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S.A.(MD).No.427 of 2017
ABDUL QUDDHOSE, J.
Lm
S.A.(MD).No.427 of 2017
21.04.2023
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R.Ponnammal @ Royammal & R.Jeevaraj
Regina Mary & Joshpin Mary & Sebasthiyayi & Velankanni & M.Gnanaprakasam
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
