Anbukkarasi @ Manimekalai v. Palanisamy

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and C.M.P.No.20151 of 2016 1.Anbukkarasi @ Manimekalai (died) 2.Annaporani 3.Pavayee 4.S.M.Subramani ...Appellants (A4 brought on record as LRs of the deceased 1st appellant viz., (Anbukkarasi @ Manimekalai) vide Court order dt. 27.09.2022 made in CMP.No.21754 of 2021 in AS.No.663 of 2016) Vs.

1.Palanisamy 2.Annamalai 3.Alagarasan 4.Amsa 5.Indian Bank Kondalampatty Branch, Rep. by its Senior Manager, Kondalampatty, Salem - 10.06.2024 1/4

6.Subramani 7.M/s.Shanmuga and Co.

Rep. by Partner Amsa, A firm Office at Shanmuga Weigh Bridge, 2/350 Sankari Main Road, Kondalampatty, Salem - 636 010.

8.Tamilselvan @ Ayyanar 9.Kanagarani 10.Amirthavalli 11.Rani 12.Tamilselvi

...Respondents

Prayer: First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 29.06.2016 made in O.S.No.67 of 2010 on the file of the III - Additional District Court, Salem. For Appellants : Mr.Zeenath Begum For Respondents : Mr.K.R.Samratt for R1 to R4 M/s.Aiyar & Dolia for R5 - No appearance R7 to R12 - Served - No appearance

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The learned counsel appearing for the appellant has filed a memo on 27.11.2023 reporting no instructions. It is seen from the memo that the 2/4

appellant has taken back the entire case papers on 31.05.2023 itself. No new counsel had entered appearance. Hence, it is clear that the appellant is not interested in prosecuting the appeal.

2.This Firs Appeal is therefore, dismissed for non-prosecution. The learned counsel for the appellant shall inform the appellant in writing by Registered Post that the appeal has been dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M., J.) (R.S.V., J.) 24.04.2024 kkn Internet:Yes Index:No Speaking To:- The III-Additional District Court, Salem.

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R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

KKN and C.M.P.No.20151 of 2016 24.04.2024 4/4