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Madras High CourtSA/750/2007dismissed for nonprosecution

Cr Nagarajan v. J. Rajaram

2023-03-03Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA and M.P.No.2 of 2007 1.C.R.Nagarajan 2.N.Sairam ... Appellants Vs.

1.J.Rajaram 2.P.Jayashree 3.J.Vijayalakshmi 4.V.Surya 5.Rani 6.N.Lakshmipathy (Died) N.Purushothaman (Deceased) 7.K.Jayalakshmi 8.R.Damayanthi 9.R.Saikrishna 10.Saisudha 11.P.Sarala 12.Sabitha 13.L.Rani 14.L.Sangeetha 15.L.Sai Santhosh ... Respondents (R6 died, RR13 to 15 brought on record as LRs of the deceased R6 vide

Court order dated 15.06.2021 made in CMP.No.25756, 25764 & 25766/2019 in S.A.No.750/2009) (Respondents 7 to 10 are set ex parte in both the Courts. Hence given up) (Cause title accepted vide order of Court dated 21.07.2007 made in M.P.No.1 of 2007 in S.A.Sr.No.39168/2007) Prayer : Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 28.02.2006 in A.S. No.3 of 2005, on the file of the Principal District Court, Coimbatore, reversing the decree and judgment dated 29.09.2004, in O.S. No.1138 of 1998, on the file of the I Additional Sub court, Coimbatore. For Appellants : No appearance For R1 to R5 : Mr.J.Saravanavel For R13 to R15 : Mr.V.Sivakumar

JUDGMENT

When the second appeal came up for hearing on 02.03.2023, there was no representation for the appellants and hence the Registry was directed to post this matter under the caption "for dismissal' on 03.03.2023.

2.Today, when the matter is taken up for hearing there is no

representation for the appellants.

3. In view of the same, the Second Appeal is dismissed for nonprosecution. No costs. Consequently, connected Miscellaneous Petition is closed.

03.03.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

R. HEMALATHA, J.

mtl To

1. The Principal District Court, Coimbatore.

2. The I Additional Sub court, Coimbatore.

3. The Section Officer, VR Section, High Court, Madras. and M.P.No.2 of 2007 03.03.2023