C.N.Munisamy v. M.Sankaran @ Peeter

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.09.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS. JUSTICE N.MALA and CMP.No.2584 of 2016

1. C.N.Munisamy

2. M.Mahendiran

3. Minor M.Narayanamoorthy

4. Minor M.Narasimma Raj .. Appellants [Minors 3 & 4 are rep. by their guardian Father Mahendran]

Versus

M.Sankaran @ Peeter .. Respondent PRAYER: First Appeal filed under Section 96 read with Order 41 of C.P.C., against the judgment and decree dated 27.08.2015 in O.S.No.84 of 2012 on the file of the Additional District Judge, Krishnagiri. For appellants : No Appearance For respondent : Mr.D.J.Venkatesan 1 / 3

J U D G M E N T

(Judgment of the Court was delivered by S.S.SUNDAR, J) When the appeal was listed on 23.09.2022, there was no representation for the appellants. The learned counsel for the respondent who entered appearance submitted that the sole respondent died, but no steps were taken. Therefore, this Court directed the Registry to post the appeal under the caption "for dismissal".

2. Today, though the appeal is listed under the caption "for dismissal", there is no representation for the appellants. Hence, the appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

(S.S.S.R.J.,) (N.M.J.,) 30.09.2022 Speaking Order : Yes / No Index : Yes / No pvs To

1. The Additional District Judge, Krishnagiri

2. The Section Officer, V.R.Section, High Court, Madras 2 / 3

S.S.SUNDAR , J.

and N.MALA, J.

pvs 30.09.2022 3 / 3