C.Shankar v. V.Ramalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA S.A.N o.1039 of 2010 & M.P. No.1 of 2010

1. C. Shankar

2. C. Murugavel

3. Lakshmi ... Appellants ..Vs..

1. V. Ramalingam

2. K.V. Selvarasu

3. Mallika

4. N. Kumarai

5. Shanthi

6. Rani

7. Umapathi ammal

8. Mohanambal ...

Respondents PRAYER : Second Appeal filed under Section 100 C.P.C., against the decree and judgment dated 29.01.2010 in A.S.No.18 of 2008 on the file of the I Additional Subordinate Judge, Cuddalore, upholding the decree and judgment in O.S.No.131 of 2005 dated 31.07.2007 on the file of the Principal District Munsif Court, Cuddalore.

For Appellants : No appearance For R1 to R6 : Mr. T.S. Vijayaraghavan 1/4

R7 : dismissed R8 : No appearance.

JUDGMENT

When the matter is taken up for hearing today, there is no representation on behalf of the appellants. Learned counsel for the respondents 1 to 6 is present.

2. A perusal of the records shows that the appeal has not been admitted so far and the order passed by this Court on 14.12.2022 has not been complied with by the appellant with regard to payment of batta for R7. Since the second appeal is of the year 2010, I do not find any reason to keep the appeal pending. In view of the same, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is dismissed.

21.04.2023 Index : Yes/No Internet : Yes/No bga 2/4

To

1. The I Additional Subordinate Judge, Cuddalore.

2. The Principal District Munsif Court, Cuddalore.

3. The Section Officer, V.R. Section, High Court, Madras. 3/4

R. HEMALATHA, J.

bga S.A.N o.1039 of 2010 & M.P. No.1 of 2010 21.04.2023 4/4