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Madras High CourtSA/526/2004dismissed for nonprosecution

Sarada v. N.C.Subramani

2022-11-17Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2022

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and C.M.P.No.4331 of 2004 1.Sarada 2.Karpagam 3.Lalitha 4.Thangamani 5.Vijaya ...Appellants

Versus

1.N.C.Subramani 2.S.Kuppan 3.N.V.Devaraj (deceased) 4.D.Amudha 5.D.Vijayaraj

...Respondents

[R4 & R5 brought on records as legal heirs of the deceased R3 vide order of the Court dated 02.01.2019 made in C.M.P.No.234 & 235 of 2010 in S.A.No.526/2004 (Dr.GJJ)] Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 20.11.2003 made in 1/4

A.S.No.81 of 2003 on the file of the Principal District Judge, Vellore confirming the Judgment and Decree dated 30.04.2003 made in O.S.No.1003 of 1996 on the file of the Principal District Munsif, Vellore. For Appellant :

No Appearance For R1, R4 & R5 :

No Appearance JUDGEMENT On 15.11.2022, when the matter was taken up for hearing, there was no representation on behalf of the appellants. Therefore, this Court directed the Registry to list the case on 17.11.2022, under the caption "For Dismissal". Accordingly, the matter is listed today. Today (on 17.11.2022) also there is no representation for the appellants, which shows that the appellants are not interested in prosecuting the case. Hence, the present Second Appeal is dismissed for non-prosecution. Consequently, connected miscellaneous petition is closed. No costs.

17.11.2022 rst Index : Yes / No Internet : Yes / No Speaking Order / Non Speaking Order 2/4

To:

1.The Principal District Judge, Vellore.

2.The Principal District Munsif, Vellore.

3/4

KRISHNAN RAMASAMY, J.

rst and C.M.P.No.4331 of 2004 17.11.2022 4/4