This Second Appeal originally came up for admission 02.07.2004. On the said date, there was no representation for the appellant and hence, the matter was adjourned to 09.07.2004. On 09.07.2004 also there was no representation for the appellant. Hence, the matter was directed to be listed under the caption “for dismissal” on 16.07.2004. On 16.07.2004, the learned counsel made appearance on behalf of the appellant and sought for adjournment for filing a copy of the written statement.
2. Thereafter, when the matter was called on 15.10.2004, this Court ordered private notice returnable by two weeks. Further, when the matter
there was no representation on behalf of the appellant or on behalf of the respondents or the matter was adjourned either at the instance of the learned counsel for the appellant or at the instance of the learned counsel for the respondents.
3. On 02.08.2016, when the matter was called, this Court recorded that there was no representation for the respondents. However, admitted the Second appeal and also formulated substantial questions of law. Even thereafter, when the matter was called on 09.08.2016; 10.08.2016; 12.08.2016; 17.08.2016; 18.08.2016; 22.08.2016; 23.08.2016;
26.8.2016; 02.09.2016; 06.09.2016; 28.09.2016; 03.10.2016; the matter was adjourned from time to time either at the instance of the learned counsel for the appellant or at the instance of the learned counsel for the respondents or there was no representation either on the side of the appellant or on the side of the respondents.
4. On 21.03.2017, when the matter was called, this Court has observed as follows:-
“Mr.G.Mohammed Aseef, learned counsel is present on behalf of the learned counsel on record, Mr.Venkatesh for the sole appellant. Mr.Alex Raj, learned counsel is present on behalf of the counsel on record Mr.R.Gururaj for all the respondents.
Learned counsel for the respondents states that the typed set of papers have not been served. Today, extra copy is available in Court records. Having given to the respondents and the same has been received and due acknowledgment given by the respondents.
Both the learned counsel agree to argue the matter. The matter has been admitted and the records has been transmitted from the District Court.
Post the matter under the caption “for arguments” on 24.04.2017.”
5. When the matter was called on 20.06.2017, the learned counsel on both sides sought adjournment and hence, the matter was adjourned to 29.06.2017. On 10.07.2017, the matter was again adjourned at the instance of the learned counsel for the appellant. Even on 27.02.2017, there was no representation on behalf of the appellant. Over all, the matter has been adjourned for more than 40 times for one reason or other.
6. Today (04.08.2017), when the matter was called, there is no representation for the appellant. The learned counsel for the appellant has not utilized the opportunities given by this Court to argue the matter. It appears that the appellant is not interested in prosecuting the matter further. Hence, this Court is inclined to dismiss this second appeal.
7. In the result, the second appeal is dismissed for default. No costs.
04.08.2017 jbm Index: Yes/No Speaking order/non speaking order To
1. The Additional District Judge (Fast Track Court No.II) Cuddalore.
2. The Additional District Munsif, Cuddalore.
Dr.G.JAYACHANDRAN.J., jbm
Second Appeal No.1133 of 2004
04.08.2017