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Madras High CourtSA/834/2008dismissed for nonprosecution

Palaniammal v. Palaniappa Gounder

2021-02-04Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2021

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.834 of 2008

1. Palaniammal W/o, Guruswamy

2. Jayapalan S/o, Guruswamy

3. Palanisamy S/o, Guruswamy

4. Jayanthi W/o Duraisamy

5. Kavitha D/o, Guruswamy All residing at Poraripalayam Vellithirupur, P.K.Puthur Post, Bhavani Taluk, Erode District ... Appellants Vs.

1. Palaniappa Gounder S/o, Guruswamy Gounder [ The Second Appeal is dismissed as abated as against R1 vide order of the Court dated 04.11.2019 made in S.A.No.834 of 2008]

2. Palaniammal W/o, Palaniappa Gounder Both residing at Poraripalayam, Vellithirupur, P.K.Puthur Post, Bhavani Taluk, Erode District.

... Respondents

Prayer:Second Appeal filed under Section 100 of C.P.C., against the judgment and Decree dated 27.09.2006 made in A.S.No.13 of 2006 on the file of the Additional District Judge, Fast Track Court No.4, Bhavani, confirming the judgment and decree dated 01.02.2005 made in O.S.No.720 of 2004 on the file of the Principal District Munsif Court, Bhavani.

For Appellants : No appearance For R1 : Died For R2 :Mr.N.Manokaran

J U D G M E N T

Counsel for the respondents present.

2. In this matter, Counsel for the appellants had already filed a memo reporting no instructions. The memo being taken on record, Appellants being called and remaining absent, Registry was directed to list the matter today ie., on 04.02.2021, under the caption "for dismissal", by printing the names of the appellants in the cause list.

3. Today, when the matter is called, there is no representation for the appellants. Appellants called, absent.

4. In the light of the abovesaid factors, the second appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mfa To

1. The Additional District Judge, Fast Track Court No.4, Bhavani.

2.The Principal District Munsif, Bhavani.

Copy to The Section Officer, VR Section, High Court.

+1cc to Mr.N.Manokaran, Advocate Sr.6029 S.A.No. 834 of 2008 br[co] srg 16/03/2021