Madras High CourtSA/1989/2002dismissed for nonprosecution

Anjalam v. Ponnusamy Padayachi

2021-07-07Honourable Mr Justice Abdul Quddhose2 pages

aIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.07.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.A. No.1989 of 2002 and CMP No.17127 of 2002

1. Anjalam

2. Palaniammal ... Appellants

Versus

1. Ponnusamy Padayachi

2. Kannusamy Padayachi

3. Anjalaiammal

4. Jayaraman

5. Maruthambal

6. Priyathambi Padyachi

7. Pitchaiammal

8. Karpagam

9. Sivagurunathan

10. Govindasamy Padayachi 11.Chellammal ..

Respondents Second Appeal filed under Section 100 of the Civil Procedure code, against the judgment and decree made in A.S. No.98 of 1993 on the file of Sub Court, Ariyalur, dated 25.06.1999 as confirmed by the Judgment and decree made in O.S. No.16 of 1984 on the District Munsif court, Perambulur, dated 10.02.1993.

For Appellant : M/s.P.Mahalakshmi For Respondents : M/s.K.M.Venugopal for R5 to R6 NA R1,R2 and RR7 to 10 Sd-NA RR3,4-NRN-NA R11 - Died

JUDGMENT

On the last hearing date i.e., on 28.06.2021, this Court recorded the submissions made by the learned counsel for the appellants that she has already intimated the appellants about the date of hearing. But despite the same, she has not received any instructions from her client. Therefore, on the last hearing, the learned counsel for the appellants has https://hcservices.ecourts.gov.in/hcservices/

sought two weeks time to get instructions and only at her request, the matter was adjourned to today.

2. The learned counsel for the appellants once again submits that despite her best efforts to contact the appellants, she has been unable to do so, till date and therefore, she is reporting "no instructions" in this matter.

3. From the submissions made by the learned counsel for the appellants, it can be inferred that the appellants are not interested to prosecute this Second Appeal. Accordingly, the Second Appeal is dismissed for non prosecution No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsi2 To

1. The Sub Judge, Ariyalur.

2.The District Munsif, Perambulur.

Copy to:

The Recrd Keeper, VR Section, High Court,Madras.

S.A. No.1989 of 2002 RGN(CO) A.SK(06.08.2021) https://hcservices.ecourts.gov.in/hcservices/