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Madras High CourtSA/1211/2010dismissed for nonprosecution

Muniappan (Died) v. Balasubramanian

2023-04-28Honourable Mrs Justice R. Hemalatha2 pages

S.A.No.1211 of 2010 & M.P. No.1 of 2010

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2024

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA S.A.N o.1211 of 2010 & M.P. No.1 of 2010 Muniappan (died)

1. Kavitha

2. Nallammal (died)

3. M. Kandasamy

4. M. Devarajan

5. P. Anuradha ... Appellants Cause title accepted vide order of Court dated 14.09.2010 made in M.P. No.1/10 in S.A.Sr. No.39833/08.

2nd appellant died. Appellants 3 to 5 are LRs of the deceased 2nd appellant, viz., Nallammal, as per memo dated 04.01.2022 (Sr. No.696/22) and vide Court order dated 24.01.2022 made in S.A. No.1211/10 and M.P. No.1/2010.

..Vs..

Balasubramanian ... Respondent PRAYER : Second Appeal filed under Section 100 C.P.C., against the decree and judgment dated 31.01.2008 in A.S.No.15 of 1999 on the file of the Subordinate Judge, Attur, reversing the decree and judgment in O.S.No.263 of 1996 dated 29.01.1998 on the file of the District Munsif, Attur.

For Appellants : No appearance For Respondent : Mr. T.R. Rajaraman https://www.mhc.tn.gov.in/judis 1/2

S.A.No.1211 of 2010 & M.P. No.1 of 2010 R. HEMALATHA, J.

bga

JUDGMENT

When the second appeal came up for hearing on 27.04.2023, there was no representation for the appellants and hence the Registry was directed to post this matter under the caption "for dismissal' on 28.04.2023. Even today, i.e., 28.04.2023, there is no representation for the appellants. The learned counsel for the respondent is present.

2. In view of the same, the Second Appeal is dismissed for nonprosecution. No costs. Consequently connected miscellaneous petition is dismissed.

28.04.2023 Index : Yes/No Internet : Yes/No bga To

1. The Subordinate Judge, Attur.

2. The District Munsif, Attur.

3. The Section Officer, V.R. Section, High Court, Madras. S.A.N o.1211 of 2010 & M.P. No.1 of 2010 https://www.mhc.tn.gov.in/judis 2/2