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Chellappa, Vs Muthukrishnan — Civil Procedure and Limitation | Madras HC (2023)

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Chellappa, Vs MuthukrishnanChellappa, v. Muthukrishnan

Dismissed

Chellappa, v. Muthukrishnan

Madras HC5 Apr 2023SA(MD)/481/2017

Case brief

AI extract

What is this about?

Second Appeal dismissed for non-prosecution after multiple adjournments sought by the appellant on conjectures of settlement.

What did the court decide?

Second Appeal dismissed for non-prosecution. Connected Miscellaneous Petition closed.

What the court decided

AI extract

A

S.A.(MD)No.481 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 05.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

S.A.(MD)No.481 of 2017 and C.M.P.(MD)No.10171 of 2017

Chellappa

... Appellant

/Vs./

Muthukrishnan

... Respondent

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to allow the Second Appeal and consequently set aside the partly modified decree and judgment of the learned Principal District Judge, Tirunelveli, dated 30.06.2017 made in A.S.No.18 of 2016 of paying Rs. 3,00,000/- with interest at the rate of 9% till the date of decree and 6% subsequent to the decree till the date of realization forthwith as against the decree and judgment of the learned Subordinate Judge, Valliyoor, Tirunelveli District, dated 05.01.2016 made in O.S.No.155 of 2014 of ordering the relief of specific performance of ordering the relief of specific performance of contract with subsequent permanent injunction in relation to the sale of suit property forthwith.

Parties & counsel

AI extract

appellant
Chellappa
respondent
Muthukrishnan

Coram

AI extract

Abdul Quddhose

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 5 Apr 2023 · April
Registered: 8 Nov 2017
Case no.: SA(MD)/481/2017

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Cite this judgement

Chellappa, v. Muthukrishnan, SA(MD)/481/2017 (MAD), decided on 5 April 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Abdul Quddhose

Parties & counsel

Outcome

Second Appeal dismissed for non-prosecution. Connected Miscellaneous Petition closed.

Detailed headnote1 paragraphs

This Second Appeal filed under Section 100 of the Civil Procedure Code is dismissed for non-prosecution. The appellant repeatedly sought adjournments based on alleged settlement proposals, but failed to report any settlement or file written instructions or argue the matter, leading the Court to presume a lack of interest in prosecuting the appeal.

A compact analysis

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.

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https://www.mhc.tn.gov.in/judis

S.A.(MD)No.481 of 2017

For Appellant : Mr.S.Palani Velayutham For Respondents : Mr.H.Arumugam

JUDGMENT

The learned counsel appearing for the appellant has been repeatedly seeking adjournments for reporting settlement of this second appeal. On 14.03.2023, it was reported by both the counsels that talks of settlement were going on between the parties and in all likelihood, settlement would be reached within a period of one week. Only on the request made by both the counsels, the matter was adjourned to 24.03.2023 for reporting settlement.

2. On 24.03.2023, it was reported by the learned counsel

appearing for the appellant that though he has received oral instructions from his client that the matter has been settled between the parties, he sought for further time to get written instructions and report settlement of

the matter before this Court. After recording the statement made by the learned counsel appearing for the appellant and on his request, the matter was adjourned today, ie., 05.04.2023.

https://www.mhc.tn.gov.in/judis

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S.A.(MD)No.481 of 2017

3. Even today, the learned counsel appearing for the appellant is not able to report settlement of the matter, but instead he seeks further

time for reporting settlement.

4. The learned counsel appearing for the respondent also submits that even though there was a proposal given by the appellant for settlement earlier, the appellant had not contacted the respondent thereafter for arriving at a settlement.

5. The learned counsel appearing for the appellant is also not ready to argue the matter today. It can now be inferred that the appellant is not interested in prosecuting the Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

05.04.2023

Index : Yes / No NCC : Yes / No Sm

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https://www.mhc.tn.gov.in/judis

S.A.(MD)No.481 of 2017

ABDUL QUDDHOSE, J.

Sm

TO:

1.Th e Principal District Judge, Tirunelveli.

2.The Subordinate Judge, Valliyoor, Tirunelveli District.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Judgment made in S.A.(MD)No.481 of 2017

Dated: 05.04.2023

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https://www.mhc.tn.gov.in/judis

CNR

HCMD011110212017

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR NON-PROSECUTION

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