M.Ranganathan v. M.Thulasi Naicker Deceased

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2025

CORAM

THE HONOURABLE Mr.JUSTICE S.S.SUNDAR M.Ranganathan ... Appellant [Cause-title accepted vide order of the Court dated 02.09.2008 made in M.P.No.1 of 2008 in SA.SR.No.78440 of 2006] Vs M.Thulasi Naicker (since deceased) 1.M.Balakrishnan 2.Ellammal 3.Bhuvaneswari 4.Punitha 5.Poongothai 6.Rajasekaran 7.Ramesh 8.Malini Srinivasan 9.Maheswari Durairaj 10.T.Thillai 11.T.Manohar 12.T.Ravi 13.Nalini Chandrababu 14.T.Madhavan ... Respondents [Respondents 1 to 7 were given up by the appellant in First Appeal] 1/4

Prayer : Second Appeal filed under Section 100 of CPC, praying to set aside the judgment and decree of the lower Appellate Court dated 23.02.2006 passed in A.S.No.73 of 2005 on the file of the Subordinate Judge, Ranipet, reversing the judgment and decree dated 15.09.2003 passed in O.S.No.160 of 1995 on the file of the District Munsif, Walajapet, by allowing the above second appeal.

For Appellant :

Mr.A.Seshan [No appearance] For Respondents :

Mr.G.Jeremiah for R1, R6, R10 & R11

JUDGMENT

This matter appeared in the cause-list on 13.12.2024, 17.01.2025, and 04.02.2025, but none represented the appellant. Therefore, on 04.02.2025, this Court directed the Registry to post this second appeal under the caption 'for dismissal' on 06.02.2025.

2. Despite this matter appeared in the cause-list on earlier occasions i.e., on 13.12.2024, 17.01.2025, and 04.02.2025 and even today i.e., 07.02.2025 under the caption 'for dismissal', the counsel for the appellant did not appear to prosecute his case. Hence, this Court has no other option but to dismiss the appeal for non-prosecution. Accordingly, this second appeal is 2/4

dismissed for non-prosecution. No costs.

07.02.2025 Index : Yes / No Speaking order / Non-speaking order ds To:

1.The Sub Judge Ranipet.

2.The District Munsif Walajapet.

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

3/4

S.S.SUNDAR. J., ds 07.02.2025 4/4