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Madras High CourtSA/918/2008dismissed for nonprosecution

Duraisamy (Died) v. A.M.Thangaraj

2025-02-07Honourable Mr Justice S. S. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2025

CORAM

THE HONOURABLE Mr.JUSTICE S.S.SUNDAR and M.P.No.1 of 2008 1.Durisamy (died) 2.Selvaraj 3.Bakiyalakshmi 4.Indira ... Appellants [A1 died. Appellants 3 & 4 are brought on record as L/Rs of the deceased A1 vide order of Court dated 12.07.2024 made in CMP.No.6974 of 2024 in S.A.No.918 of 2008] Vs A.M.Thangaraj ... Respondent Prayer : Second Appeal filed under Section 100 of CPC, praying to set aside the judgment and decree dated 30.08.2007 made in A.S.No.10 of 2007 on the file of the District Judge (Fast Track Court-II), Gobichettipalayam, confirming the judgment and decree dated 30.04.2004 made in O.S.No.319 of 1998 on the file of the District Munsif Court, Sathyamangalam. 1/4

For Appellants :

Mr.V.Loganathan [No appearance] For Respondent :

Mr. Ma.Pa.Thangavel

JUDGMENT

When this matter appeared in the cause-list earlier on 04.02.2025, the counsel for the appellants was not present. Therefore, this Court directed the Registry to post this second appeal under the caption 'for dismissal' on 06.02.2025.

2. Despite this matter listed today under the caption 'for dismissal', the counsel for the appellants did not appear to prosecute his case. Hence, this Court has no other option but to dismiss the appeal for non-prosecution. Accordingly, this second appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. 07.02.2025 Index : Yes / No Speaking order / Non-speaking order ds To:

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1.The Additional District Judge Fast Track Court-II Gobichettipalayam.

2.The District Munsif Sathyamangalam 3.The Section Officer VR Section High Court, Madras.

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S.S.SUNDAR. J., ds 07.02.2025 4/4