Kathirvel S/O.Singaravel v. Durairaj Kovil Thathampetia,

S.A.No.2138 of 2004

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2022

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY S.A.No.2138 of 2004 C.M.P.No.2284 of 2007 1.Mottai @ Ramayee 2.Chittu @ Lakshmi .. Appellants

Versus

1.Venkatachalam 2.Kandasamy 3.Jayalakshmi .. Respondents This Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 30.06.2003 made in A.S.No.34 of 1999 on the file of the Sub Court, Mettur confirming the judgment and decree dated 28.02.1995 made in O.S.No.601 of 1983 on the file of the District Munsif Court, Mettur.

For Appellants :

No Appearance For R1 & R2 :

Mr.M.Devaraj For R3 :

No such address

JUDGMENT

When the matter originally came up for hearing on 14.06.2022, the learned counsel appearing for the appellants submitted that the appellants have not come forward to give necessary instructions. https://www.mhc.tn.gov.in/judis 1/2

S.A.No.2138 of 2004 KRISHNAN RAMASAMY, J., gbi

2. Therefore, this Court ordered notice to the appellants. Notice on the first appellant was served. The second appellant refused to receive the notice and hence, it was returned with an endorsement "refused". The names of the first and second appellants were also printed in the cause list, but no one appeared on behalf of them either in person or through counsel. However, with a view to afford an opportunity to the appellants, the Second Appeal was directed to be posted today i.e., on 26.09.2022 under the caption 'for Final Hearing'.

3. Even today, there is no representation for the appellants. It appears that the appellants are not interested in prosecuting the appeal further. Hence, this Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is closed.

gbi 26.09.2022 S.A.No.2138 of 2004 https://www.mhc.tn.gov.in/judis 2/2