Madras High CourtSA/807/2008dismissed for nonprosecution

P.Gopalakrishnan v. Lakshmanan

2025-04-09Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2025 CORAM :

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP S.A. No.807 of 2008 and M.P.No.1 of 2008

1. P.Gopalakrishnan

2. P.Ravindran

3. P.Vijayakumar ... Appellants Vs.

1. Lakshmanan

2. Dhanavel

3. Kanniyalal Pavaji (Died)

4. V.Dhakshinamoorthi

5. V.Ramesh

6. Mallika

7. Yokitha

8. Godhavari

9. Minor Arulvarama S/o. Kanniyalal Rep. By Mother and Guardian Mallika RR6 to RR9 brought on record as LRs.

Of the deceased R-3 viz., Kanniyalal Pavaji vide Order of Court dated 31.10.2019 made in M.P.No.1 to 3 of 2011 in

...Respondents

PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure against the Judgment and Decree dated 18.12.2006 made in A.S.No.79 of 2006 on the file of the Court of Principal Subordinate Judge of Virudhachalam, reversing the Judgment and Decree dated 18.06.2004 made in O.S.No.308 of 2004 on the file of the Court of the First Additional District Munsif at Virudhachalam.

For Appellants : No Appearance For Respondents : Mr.K.Sathish Kumar for R-1,R-2, R-4 & R-5 Notice served, No Appearance for R-6 to R-8 R-9-Minor Rep. By R-6

JUDGMENT

This Second Appeal has been filed to set aside the Judgment and Decree dated 18.12.2006 made in A.S.No.79 of 2006 on the file of the Court of Principal Subordinate Judge of Virudhachalam, reversing the Judgment

and Decree dated 18.06.2004 made in O.S.No.308 of 2004 on the file of the Court of the First Additional District Munsif at Virudhachalam.

2. When the case came up for hearing on an earlier occasions, i.e., 20.03.2025, 27.03.2025, there was no representation for the Appellants. Therefore, the case was directed to be posted under the caption "for dismissal" on 09.04.2025.

3. Today, when the case came up for hearing, there is no representation for the Appellants.

4. The learned Counsel for the Respondent is present in Court. In the result, this Second Appeal is dismissed for non-prosecution. Consequently, connected Miscellaneous Petition is closed. No costs. 09.04.2025 Index:Yes/No

Internet: Yes/No Speaking order/Non-speaking order dh SATHI KUMAR SUKUMARA KURUP.J., dh To

1. The Principal Subordinate Judge, Virudhachalam.

2. The First Additional District Munsif, Virudhachalam.

S.A. No.807 of 2008

09.04.2025