Yashothaiammal v. Sarojini

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 13.06.2024

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE and C.M.P.No.4121 of 2021 1.Yashothaiammal 2.A.Dhanalakshmi 3.Hemamalini @ Poongothai 4.R.Radhamani 5.R.Geetha 6.A.Vijaya Raguraman .. Appellants Vs Sarojini .. Respondent Prayer: This Appeal is filed under Section 100 CPC against the judgment and decree dated 13.09.2019 passed in A.S.No.138 of 2018 by the II Additional District Judge, Erode, confirming the judgment and decree dated 25.07.2018 passed in O.S.No.510 of 2014 by the II Additional Subordinate Judge, Erode.

For Appellants : Ms.Deepika for Mr.R.Manickavel For Respondent : Mr.N.S.Balaji for Mr.M.Guruprasad

JUDGMENT

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The learned counsel for the appellants has filed a letter dated 18.01.2024 sent by him to the first appellant seeking further instructions. The said communication has also been received by the first appellant as seen from the acknowledgment card. However, till date, no instructions have been received.

It is also noted that the third appellant is dead and no steps have been taken to bring on record the legal representatives of the deceased third appellant. Since the appellants have failed to respond to the appellants' counsel communication, it is clear that they are not interested in prosecuting this second appeal. The second appeal is of the year 2021. The appellants had lost in the suit as well as in the first appeal. It can be now inferred that the appellants are not interested in prosecuting the appeal. Accordingly, the second appeal is dismissed for non-prosecution. No Costs. C.M.P.No.4121 of 2021 is closed.

13.06.2024 Index: yes/no rkm 2/4

To 1.II Additional Subordinate Court, Erode.

2.II Additional District Court, Erode.

ABDUL QUDDHOSE,J.

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