The appellant in a second appeal under Section 100 CPC failed to provide instructions despite direction, after the respondent informed the court that the tax dispute was settled. The court held the appeal infructuous and dismissed it.
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S.A.(MD).No.282 of 2007
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.11.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
S.A.(MD).No.282 of 2007
Papanasam Town Panchayat,
Represented by its Executive Officer, Papanasam.
... Appellant/Respondent/Defendant Vs. Abdul Samathu ... Respondent/Appellant/Plaintiff
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree of the in A.S.No. 136 of 2005 on the file of the Additional Subordinate Judge, Kumbakonam, dated 25.04.2006 against the Judgment and Decree in O.S.No.31 of 2003 on the file of the District Munsif cum Judicial
Magistrate, Papanasam, dated 19.10.2004.
For Appellant : Mr.V.Chandrasekar
For Respondent : Mr.T.R.Subramanian
JUDGMENT
On 04.11.2024, when the matter is taken up for hearing, it was
submitted by the respondent that the entire tax has been settled. On that
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S.A.(MD).No.282 of 2007
ground, the counsel on record for the appellant was directed to get instructions and inform the Court. In spite of specific direction, the appellant has not get any instructions. In view of the submission made by the respondent's counsel, this second appeal has become infructuous.
2.Accordingly, this second appeal stands dismissed as infructuous.
No costs.
20.11.2024 Index : Yes / No Internet : Yes / No TM
To
1.The Additional Subordinate Judge, Kumbakonam.
3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.
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S.A.(MD).No.282 of 2007
G.ILANGOVAN ,J.
TM
S.A.(MD).No.282 of 2007
20.11.2024
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1 issue framed by the court
Whether the second appeal remains viable when the underlying tax dispute has been settled between the parties?
1 provisions across 1 enactments
Papanasam Town Panchayat
Abdul Samathu
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
