v. Kaliyaperumal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.A.No.1188 of 2002 and C.M.P.No.9824 of 2002 1.Valambal 2.Lakshmi 3.Selvaraj 4.Ramasamy .. Appellants ..Versus..

1.Kaliyaperumal 2.Chellakannu Ammal 3.Paramasivam 4.Gunasekaran alias David 5.Rajendran .. Respondents Prayer: Second Appeal has been filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 10.12.2001 in A.S.No.6 of 2001 on the file of Principal Sub Judge, Virudhachalam reversing the Judgment and Decree dated 25.10.2000 in O.S.No.574 of 1987 on the file of the Additional District Munsif, Virudhachalam.

For Appellants :: Mr.D.Shivakumaran For Respondents :: No appearance

JUDGMENT

The learned counsel for the appellants has filed a memo, dated 25.01.2019 as follows:

"It is respectfully submitted that a letter by RPAD was sent to all the 4 appellants.

The one sent to the 1st Velambal is returned with an endorsement "addressee deceased". The appellants 2 to 4 have not chosen to contact inspite of receiving and https://hcservices.ecourts.gov.in/hcservices/

acknowledging the letter. Thus in the absence of any information whether anything survives in the appeal, the Counsel for the Appellants is constrained to report 'no instruction'."

2. The Second Appeal is of the year 2002. It is clear that the appellants are not interested in prosecuting the appeal. The Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected Civil Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar jen To 1.The Principal Subordinate Judge, Virudhachalam.

2.The Additional District Munsif, Virudhachalam.

3.The Section Officer, VR Section, Madras High Court.

S.A.No.1188 of 2002 and C.M.P.No.9824 of 2002 CSL/02.05.2019 https://hcservices.ecourts.gov.in/hcservices/