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Madras High CourtSA/1202/2007dismissed for nonprosecution

C.Pappayeeemmal v. R.Ganapathy

2019-11-25Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.1202 of 2007 and M.P. No.1 of 2007

1. C. Pappayeemmal

2. Kittathal ... Appellants/Appellant/Defendants 1 & 2 versus

1. R. Ganapathy K.Gurusamy (Died) Palani Peiryanna Gounder (Died)

2. Balasubramaniam

3. Rajasekar

4. Shanmugam

5. G. Krishnamoorthy ...

Respondents/Respondents/Plaintiff Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and decree passed in A.S. No.67 of 2005, dated 13.02.2007 on the file of Principal District Judge, Erode, confirming the Judgment and decree passed in O.S. No.710 of 1998 on the file of II Additional Sub Court, Erode, dated 04.04.2005 to set aside.

For appellants : Ms.P.T. Ramadevi For respondents : Mr.A. Sivaji for R1 Mr.S. Dhanasekaran for R5 - No appearance

JUDGMENT

The matter is listed under the caption "for dismissal", today. Once again, the learned counsel for the appellant seeks 1/2 https://hcservices.ecourts.gov.in/hcservices/

an adjournment. As seen from the earlier proceedings, the learned counsel for the appellant has been repeatedly seeking adjournments in this matter. The Second Appeal is of the year 2007. Therefore, it can now be inferred that the appellants are not interested to prosecute the 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 Principal District Judge, Erode.

2. The II Additional Sub Judge, Erode.

Copy to:

The Section Officer, V.R Section, High Court, Madras +1cc to Mr.A. Sivaji, Advocate sr.98237 S.A. No.1202 of 2007 bp(co) nr 08/01/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/