THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.SR91198 of 2002 and C.M.P.No.19911 of 2003 V.Gopal ... Appellant/Respondent versus C.K.Mounasamy ... Respondent/Petitioner Prayer in C.M.A.No.SR91198 of 2002 : This appeal filed under Order XLII and Sections 108 and 151 of C.P.C, against the Judgment and decree dated 12.11.2001 made in I.A.No.1120 of 2001 in O.S.No.1539 of 2002 on the file of the learned Principal Subordinate Judge, Coimbatore.
Prayer in C.M.P.No.19911 of 2003 : This petition filed under Section 14 of the Limitation Act, seeking condonation of delay of 135 days in filing the appeal.
For Appellant : No appearance JUDGMENT This Civil Miscellaneous Appeal has been filed, challenging the Judgment and decree dated 12.11.2001 made in I.A.No.1120 of 2001 in O.S.No.1539 of 2002 on the file of the learned Principal Subordinate Judge, Coimbatore, which is pending in SR stage from the year 2005 onwards, i.e. exactly from 06.07.2005.
2. Despite pendency of appeal in SR stage for 11 years, no steps have been taken to get it numbered. Hence, the matter was taken up for disposal at the SR stage itself.
3. When the matter came up for consideration on 08.02.2017, it was represented that learned counsel Mr.S.R.Sundaram, appearing for the petitioner is no more. Hence, the name of the appellant was directed to be printed in the cause list and the matter was adjourned to 14.2.2017.
4. Today, when the matter is taken up for consideration, there is no representation for the appellant, though his name has already been printed in the cause list. Hence, the appeal in SR stage is dismissed for default. Consequently, the petition to condone the delay of 135 days in filing the appeal is also dismissed. No costs.
27.02.2017
ogy To 1. Learned Principal Subordinate Judge, Coimbatore.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR91198 of 2002 and C.M.P.No.19911 of 2003
27.02.2017