S.Ganesan vs Smt.Parvathi Ammal on 19 November, 2018

[Cites 0, Cited by 1]

Madras High Court

S.Ganesan vs Smt.Parvathi Ammal on 19 November, 2018

Bench: S.M.Subramaniam

                                                           1



                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 19.11.2018

                                                      CORAM :

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                 S.A. No.274 of 2006

                      S.Ganesan                                                      ...Appellant
                                                         Vs.

                      Smt.Parvathi Ammal                                             ...Respondent

                      Prayer : Second Appeal filed under Section 100 of the code of Civil
                      Procedure, against the judgment and decree in A.S.No.147 of 2004 on the
                      file of the Principal Sub Judge, Mayuladuthurai dated 23.03.2005 against
                      the Judgment and decree in O.S.No.458 of 2001 on the file of the
                      Additional District Munsif Mayildaduthurai dated 16.02.2004.


                                For Appellant      : No Appearence

                                For Respondent     : Mr.S.Sounthar




http://www.judis.nic.in
                                                            2



                                                      JUDGMENT

The present second appeal was taken up for hearing on 10.01.2012 and this Court passed the following orders:

“it was reported before this Court by the learned counsel appearing for the respondent that the appellant's counsel died during the pendency of the second appeal. Regarding the said submission this Court directs the registry to issue notice to the appellant and post the appeal after three weeks”.

2. Pursuant to the order passed by this Court, the Registry High Court has issued notice to the appellant. The said notice was served in the year 2012 itself. Again the matter listed on 12.11.2018 for verification and on verification, it was found that the notice issued by this Court was served to the appellant during the year 2012 itself and inspite of that, there is no response from the side of the appellant.

http://www.judis.nic.in 3

3. In view of the fact that the appellant has not taken any steps to get along with the case, this Court is of an opinion that no purpose would be served in keeping the present second appeal pending for an unspecified period. Accordingly, the second appeal stands closed. However, there shall be no order as to costs.

19.11.2018 mtl/sk Index : Yes/No Internet : Yes/No Speaking /Non-speaking order To

1.The Principal Sub Judge, Mayuladuthurai.

2.The Additional District Munsif, Mayildaduthurai http://www.judis.nic.in 4 S.M.SUBRAMANIAM, J.

mtl/sk S.A.No.274 of 2006 19.11.2018 http://www.judis.nic.in

Unlock Advanced Research with PRISMAI

Madras High Court