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Madras High CourtSA/267/2006dismissed for nonprosecution

S. Subramaniyam v. A. Shanmugham (Deceased)

2021-07-05Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.A. No.267 of 2006 S.Subramaniyam .... Appellant/Plaintiff

Versus

1. A. Shanmugham (deceased)

2. K.K.Chetrabalan

3. K.M.Mumtaj Begum

4. G.K.Chenniappan

5. Lakshmi

6. Madhusudan

7. Shenbagavalli .... Respondents RR5 to 7 brought on record as LRs of the deceased first respondent vide order of the Court dated 10.01.2017 in CMP No.1850 of 2016.

Second Appeal filed under Section 100 of the Civil Procedure code, against the judgment and decree of the learned Principal District Judge, Erode District at Erode in A.S No.98 of 2004, dated 30.06.2005 reversing the judgment and decree of the learned 2nd Additional Subordinate Judge, Gobichettipalayam in O.S. No.123 of 1999, dated 12.04.2004.

For Appellant :

No appearance For Respondents :

Mr.M.Narayanasamy RR1 ,2, 5 to 7

JUDGMENT

This Court by its earlier order dated 29.04.2021 recorded the submissions made by the counsel on record for the appellant that he is reporting "no instructions" in this matter as he has https://hcservices.ecourts.gov.in/hcservices/

already given back the papers to the appellant and directed the Registry to print the name of the appellant and post the matter for hearing, today.

2. When the matter was listed for hearing today, the name of the appellant is printed in the cause list, but however, even today, there is no representation on the side of the appellant. The Second Appeal is of the year 2006. It can now be inferred that the appellant is not interested to prosecute the Second Appeal. Accordingly, the Second Appeal is dismissed for non prosecution. No costs.

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

1.The Principal District Judge, Erode District at Erode.

2.The II Additional Subordinate Judge, Gobichettipalayam.

Copy to:

The Section Officer, V.R.Section, High Court, Madras.

+1cc to Mr.M.Narayanaswamy, Advocate, S.R.No.31265 S.A. No.267 of 2006 SSI(CO) SU(03/09/2021) https://hcservices.ecourts.gov.in/hcservices/