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2003 DAILYLAW 2203 (MAD)

M/S.INDIAN OIL CORPORATION LTD v. AROCKYA MARY

SA/1484/2003 · 2026-03-27

R Sakthivel

Transfer Petitionbody2003

Judgment text

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S.A.NO.1484 OF 2003 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :27/03/2026 CORAM THE HONOURABLE MR. JUSTICE R.SAKTHIVEL S.A.NO.1484 OF 2003 AND C.M.P.NO.13443 OF 2003 AND C.M.P.NO.1837 OF 2004 AND C.M.P.NO.5686 OF 2005 M/s.Indian Oil Corporation Limited, G-9, Aliarjung Marg, Bandra (East), Mumbai – 51. ...Appellant/Appellant/ 1st Defendant Vs. 1.Arockya Mary 2.Lawrence 3.J.Ashok Kumar 4.J.Domenic Xavier 5.J.Amala Devi 6.Marry Malarkody 7.Lissy Thresa 1 to 7 are residing at No.23, Amman Koil Street, Karayanchavadi, Poonamallee, Chennai – 56. ...Respondents 1 to 7/ Respondents 1 to 7/ Plaintiffs 1 to 7 8.M/s.Vijaya Agencies, Page No.1 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1484 OF 2003 Represented by its Managing Partner, Mr.M.Shanmugham, No.474, Poonamallee High Road, Chennai – 56. ... Respondent No.8/ Respondent No.8 2nd Defendant 9.P.Sundararajan …9th Respondent R9 impleaded as 9th Respondent vide Order of Court dated November 03, 2004 made in C.M.P.No.14329 of 2004 in S.A.No.1484 of 2003 PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated December 20, 2001 passed in A.S.No.27 of 2001 on the file of the Learned Additional District Judge, Fast Track Court No.IV, Poonamallee setting aside the Judgment and Decree dated January 02, 2001 made in O.S.No.1661 of 1989 on the file of the Learned District Munsif Court, Poonamallee. For Appellant : No appearance For Respondents- 1 to 7 : Mr.R.Thiagarajan For Respondents-8 & 9 : Dismissed vide Order of Court dated February 08, 2023 JUDGM ENT No representation on either side. Daily Order dated March 26, 2026 reads thus: “The daily order dated March 5, 2026 which reads thus: “No representation on either side. 2.List the matter on 16.03.2026. 3.However, with a view to adhere the principles of natural justice and in the interest of justice, this Court is Page No.2 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1484 OF 2003 inclined to adjourn the second appeal to 16.03.2026. It is made clear that “No Further Adjournment” will be granted on that day”. The daily order dated March 13, 2026 which reads thus: Mr.M.Vijaymehanath, representing M/s.Anand, Abdul & Vinodh Associates, Counsel on record for the Appellant is before this Court. 2.No representation for the Respondents 1 to 7. 3.Representing Counsel for the Appellant seeks one week time to get acquaintance with the case. 4.Request acceded to. 5.List the matter on 26.03.2026. 6.It is made clear that no further adjournment will be granted on that date. 3.Despite sufficient opportunities given, the appellants and the respondents did not proceed with the appeal. 4.List the matter on March 27, 2026 under the cause list caption “For Dismissal”.” 3.Despite sufficient opportunities given, both the parties did not choose to appear and argue the Second Appeal. Under such circumstances, this Court has no other option except to dismiss the Second Appeal for non-prosecution. Accordingly, the Second Appeal is dismissed for non-prosecution. Considering the facts and circumstances of the case, Page No.3 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1484 OF 2003 there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petitions are closed. 27/03/2026 Index : Yes / No Speaking Order : Yes / No Neutral Citation : Yes / No pam Page No.4 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1484 OF 2003 To 1.The Additional District Judge, Fast Track Court No.IV, Poonamallee. 2.The District Munsif Court, Poonamallee. Page No.5 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1484 OF 2003 R. SAKTHIVEL, J. pam S.A.NO.1484 OF 2003 27/03/2026 Page No.6 of 6 https://www.mhc.tn.gov.in/judis