J.T. Jothee Gounder(Died) v. Kirija Ammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN A.S.No.217 of 1994 and C.M.P.Nos.2910 to 2920 of 2016 J. T.Jothee Gowder (Died)

2. J.J.Ganesan (Died)

3. J.J.Subramani

4. J.Jayakumar [Appellants 2 to 4 have been brought on record as LRs of the deceased sole appellant as per order of this Court dated 08.01.1998 in C.M.P.No.12112 of 1994] [Appellants 3 and 4 recorded as LRs of the deceased second appellant vide order of the Court dated 17.09.2014 made in memo in A.S.No.217 of 1994] ...Appellants Vs.

1. J.T.Natarajan

2. Kirijiammal

3. Y.B.Ramachandran

4. Y.B.Jogee (Deceased)

5. Y.B.Subramani

6. Y.B.Ramakrishnan

7. Y.B.Saraswathi

8. Kannammal

9. Devi

10.Killiammal 11.A.Balan 12.A.Natarajan 13.A.Subramani 14.Lakshmi 15.Y.J.Poonima 16.Y.J.Sathyakala [ RR14 to R16 brought on record as LRs of the deceased R4 vide order of this Court dated 16.07.2010 made in C.M.P.Nos.1699 to 1701 of 2008.]

...Respondents

Prayer: First Appeal filed under Section 96 of the C.P.C., against the judgment and decree dated 29.09.1993 passed in O.S.No.95 of 1987 on the file of the District Judge, The Nilgiris at Ootacamund.

For Appellants : No appearance For RR1 to R3 and RR5 to R13 : Mr.B.Ramamoorthy For RR14 to R16 : No appearance For proposed LRs : Mr.A.Immanuel [ R17 to R20 ]

J U D G M E N T

This matter was listed on 05.09.2019 and on that day, there was no representation for the appellants and the appellants being called and remaining absent, Registry was directed to list the matter today ie., on 06.09.2019, under the caption " for dismissal".

2.Today also, when the matter is called, there is no representation for the appellants. Appellants called, absent. Counsel for the respondents present.

3. In the light of the above position, the First Appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. Sd/- Assistant Registrar(I) //True Copy// Sub Assistant Registrar mfa To The District Judge, The Nilgiris at Ootacamund.

Copy to The Section Officer, VR Section, High Court, Chennai.

+1cc to M/s.A.Immanuel, Advocate, S.R.No.77105 +1cc to M/s.B.Ramamoorthy, Advocate, S.R.No.77113 A.S.No.217 of 1994 and C.M.P.Nos.2910 to 2920 of 2016 BP(CO) KKV/22/12/2020