Madras High CourtSA/288/1998dismissed for nonprosecution

Dharmalingam And 2 Others v. Mayavel And 24 Others

2018-12-17Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2018

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.A.No.288 of 1998 1.Dharmalingam (Died) 2.Sivaraman 3.Alamelu Ammal 4.D.Poongothai 5.Kalayarasi 6.J.Kalaiselvi 7.D.Subramanian 8.V.Parasakthi 9.V.Selvambigai 10.D.Tamilselvi ..

Appellants/Plaintiffs

Versus

1.Mayavel 2.Natarajan 3.Kandasami 4.Selvaraj 5.Sendamiz vasuki 6.Anjalam 7.Ganapathy 8.Chellammal 9.Hariputhiran 10.Kalirathinam 11.Lakshmi 12.Paramasivam 13.Poomalai 14.Pattu 15.Sivamalai 16.Amirthammal 17.Manickkam 18.Kolanchinathan 19.Ramamurthi 20.Lakshmanan 21.Karuppusami 22.Nataraja Padayachi 23.Radhakrishnan 24.Murugesan

25. The District Collector, South Arcot District, Cuddalore.

Respondents/Defendants https://hcservices.ecourts.gov.in/hcservices/

PRAYER:Second Appeal has been filed under Section 100 of Civil Procedure Code, against the judgment and decree of the Sub Judge, Virudhachalam passed in A.S.No.39 of 1991 dated 30.07.1997, confirming the judgment and decree of the learned District Munsif, Virudhachalam in O.S.No.988 of 1994, dated 23.01.1991.

For Appellant :: No appearance For Respondents ::No appearance

ORDER

There is no representation for the appellant. The plaintiffs in O.S.No.988 of 1994 are the appellants herein. The first appellant also died pending the Second Appeal.

2. O.S.No.988 of 1984 was dismissed by judgment dated 23.01.1991 by the learned District Munsif, Virudhachalam. The appeal filed in A.S.No.39 of 1991 was also dismissed by judgment dated 30.07.1997 by the learned Sub-Judge, Virudhachalam. Both the Courts below have consistently found that the property is Natham property. It is clear that the appellants are not interested in prosecuting the appeal.

3. Accordingly, this Second Appeal is dismissed for non-prosecution. No costs.

Sd/-d/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar To

1. The Sub Judge, Virudhachalam

2. The District Munsif, Virudhachalam S.A.No.288 of 1998 A.SK(30/01/2019) https://hcservices.ecourts.gov.in/hcservices/