Madras High CourtSA/395/2007dismissed for nonprosecution

Iyyaperumal v. Mylambal

2019-11-20Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.395 of 2007

1. Iyyamperumal

2. Manickkam

3. Thangavel

4. Pottu

5. Natarajan

6. Selvaraj

7. Madhammal ...

Appellants/Respondents/Defendants Vs

1. Mylambal

2. Veeramani ...

Respondents/Respondents/Plaintiffs Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed in A.S. No.68 of 2005, dated 30.10.2006 on the file of Additional Subordinate Judge at Salem reversing the Judgment and Decree passed in O.S. No.76 of 2002, dated 05.11.2004 on the file of I Additional District Munsif Court at Salem.

For Appellants : Mr.R. Nalliyappan For Respondents : Mr.D.Shivakumaran

JUDGMENT

The matter is listed under the caption "for dismissal", today. On a previous hearing i.e. on 11.11.2019, this Court recorded the submissions of the learned counsel on both sides that a joint memorandum of compromise has been entered into between the parties and for recording the same, the matter was adjourned to 18.11.2019. On a last hearing i.e.,18.11.2019, when the matter was called, there is no representation on the side of the appellant. Hence, the matter was adjourned and Registry was directed to list the matter under the caption "for 1/2 https://hcservices.ecourts.gov.in/hcservices/

dismissal" on 20.11.2019. Even today, the said joint memorandum of compromise has not been produced before this Court. 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.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsi2 To

1. The Additional Subordinate Judge, Salem.

2. The I Additional District Munsif, Salem. Copy to:

The Section Officer, V.R Section, High Court, Madras +1cc to Mr.D.Shivakumaran, Advocate sr.96826 S.A. No.395 of 2007 ssd(co) nr 07/01/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/