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Madras High CourtCMA/3698/2010dismissed for nonprosecution

S.K. Appasamy Mudaliar (Died) v. Balagujambal

2019-09-09Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2019

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.M.A.No. 3698 of 2010 and M.P.No. 1 of 2010 1.S.K.Appasamy Mudaliar (Deceased) 2.Saraswathy 3.Panchalai 4.Ramesh 5.Prabhu ... Appellants (Appellants 2 to 5 brought on record as Lrs of the deceased sole appellant vide court order dated 28.02.2018 in M.P. 3/2013 in C.M.A.No.3698/2010) Vs 1.Balagujambal 2.Parthiban 3.Chitra 4.Kanniammal 5.Ekavalli 6.Kanchana ... Respondents Prayer: Civil Miscellaneous Appeal has been filed under Order XLIII Rule (1) (u) of Civil Procedure Code, to set aside the Decree and Judgment in A.S.No.72 of 2007 dated 22.10.2010 on the file of the Sub-Court, Vellore remanding the Decree and Judgment in O.S.No.449 of 2004 dated 25.06.2007 on the file of the Principal District Munsif Court, Vellore. For Appellants : No appearance For Respondents : Mr.P.Mani https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

When the case was taken up for hearing on 06.09.2019, there was no representation for the appellants. Hence, the matter was directed to be posted under the caption "for dismissal". Even today, there is no representation for the appellants either in person or through their learned counsel.

2. Accordingly, this Civil Miscellaneous Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is also closed. -s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar arb To 1.The Subordinate Judge The Sub-Court, Vellore.

2.The Principal District Munsif Court, Vellore.

Copy to The Section officer VR Section High Court, Madras 104.

C.M.A.No. 3698 of 2010 and M.P.No. 1 of 2010 MG(CO) SP(22/10/2019) https://hcservices.ecourts.gov.in/hcservices/