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2025 Supreme(Online)(Mad) 42814

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN, J
Susai Arul – Appellant
Versus
Thanislas (died) – Respondent
C.M.P(MD)Nos.1637 and 1638 of 2018|S.A.(MD)No.SR18973 of 2008



Advocates:
For the Appellants/Petitioners: No appearance
For the Respondents: Not mentioned

A party's lack of appearance indicates disinterest in the proceedings and may result in dismissal of the appeal.

Headnote:The Civil Miscellaneous Petitions were filed to condone delay in representing the appeal under Order IV Rule 9(4), regarding a Second Appeal under Section 100 of C.P.C. The court found no representation and determined lack of interest from the petitioner, leading to dismissal and rejection of the appeal at the SR stage.

Table of Content
1. lack of representation leads to dismissal. (Para 1 , 2)
2. the final outcome confirms the rejection of the appeal. (Para 3)

6.Arul Prakasam ... Proposed respondents 4 to 6 / Respondents 4 to 6 Prayer in C.M.P(MD)No.1637 of 2018 : Civil Miscellaneous Petition is filed under Order IV Rule 9(4) of A.S., to condone the delay of 998 days in representation of CMP.SR(MD)No.15127 of 2015 in S.A.SR.(MD)No.

18973 of 2008.

Prayer in C.M.P(MD)No.1638 of 2018 : Civil Miscellaneous Petition is filed under Order IV Rule 9(4) of A.S., to condone the delay of 2879 days in representation of MP(MD)No.1 of 2009 in S.A.SR.(MD)No.

18973 of 2008.

Prayer in S.A.No.SR18973 of 2008 : Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree of the learned District Judge, Sivagangai, dated 10.04.2007 made in A.S.No.18 of 2007 confirming the judgment and decree, of the learned Principal District Munsif, Sivagangai, dated 22.09.2005 made in O.S.No.154 of 2003.

For Petitioner : No appearance

ORDER

When these petitions were listed for hearing on 03.07.2025, there was no representation on the side of the petitioner. As such the petitions were directed to be listed for dismissal today. Even today(08.07.2025), when the petitions are listed under the caption for dismissal, there is no appearance on the side of the petitioner.

2. It is to be noted that the Civil Miscellaneous Petitions are of the year 2018 and even after seven years, the petitioner is not ready to contest the petitions, which is evident that they are not interested in prosecuting the appeal.

3. Accordingly, these Civil Miscellaneous Petitions are dismissed and the Second Appeal is rejected at the SR stage itself.

08.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To

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