Nagappa Mudaliar v. Nallammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.1369 of 1998 and CMP.Nos.70 and 71 of 2013 1.C.M.S.Nagappa Mudaliar (Deceased) 2.C.M.S.Manickam (Deceased) 3.S.Kaliyappan (Deceased) 4.Siddhanathan (Deceased) 5.C.M.A. Chinna Marimuthu (Deceased) 6.Anandayee (Deceased) 7.Samboornam 8.N.Angamuthu 9.N.Kalaimani 10.N.Baskaran 11.Rajalakshmi 12.Tamilarasan (Appellants 8 to 12 brought on record as LR's of the deceased 1st appellant vide order of court dated 06.02.2018 made in CMP.No.808 to 810 of 2012 in S.A.No.1369/1998) 13.Angamuthu 14.Manomani 15.Rajendran 16.Thenmozhi 17.Sundaravadivel 18.Senthil Kumar (Appellants 13 to 18 brought on record as LR's of the deceased 2nd Appellant vide order of court dated 06.02.2018 made in C.M.P. No. 164 to 166/2013 in S.A. No. 1369/1998.) 19.Backiyam 20.Uma Maheswari 21.Senthilkumar 22.Sengottuvel 23.Saravanan (Appellants 19 to 23 brought on record as LR's of the deceased 3rd appellant vide order of court dated 06.02.2018 made in CMP.No.811 to 813 of 2013 in S.A.No.1369/1998) 24.Manomani 25.A.Geetha 26.S.Karthikeyan

27.S.Punithavathi (Appellants 24 to 27 brought on record as LR's of the deceased 4th appellant vide order of court dated 06.02.2018 made in CMP.No.167 to 169 of 2013 in S.A.No.1369/1998) 28.C.M.Tamilarasi 29.C.M.Santhanam 30.C.M.Arumugam (Appellants 28 to 30 brought on record as LR's of the deceased 5th appellant vide order of court dated 06.02.2018 made in CMP.No.170 to 172 of 2013 in S.A.No.1369/1998) 31.C.M.A.Mani 32.S.Saraswathy 33.Dhanalakshmi (Appellants 31 to 33 brought on record as LR's of the deceased 6th appellant vide order of court dated 06.02.2018 made in CMP.No.814 to 816 of 2012 in S.A.No.1369/1998) ... Appellants Vs.

1.Nallammal 2.Kandasami Mudali 3.Paramasivam 4.Saraswathy (Respondents 2&3 on their behalf and on behalf of the Village People of Seetharamapalayam, Kailasampalayampatti, Tiruchengodu Taluk) ... Respondents Prayer:

Second Appeal filed under Section 100 of C.P.C. against the judgment and decree, dated 28.03.1994 passed in A.S.No.55 of 1993 on the file of the Sub-Court, Sankari, Salem District, confirming against the judgment and decree, dated 03.05.1991 passed in O.S. No. 923/1981( O.S.No.1049 of 1980), Sub Court, Salem on the file of District Munsiff Court, Tiruchengode, Salem District.

For Appellants : M/s. T.P.Kuilmozhi For Respondents: No Appearance

J U D G M E N T

The learned counsel appearing for the appellants report 'no instructions'. He has also made an endorsement to that effect in the bundle.

2. In view of the endorsement made by the learned counsel appearing for the appellants, the second appeal is dismissed for non-prosecution. No costs. Consequently, connected Civil Miscellaneous Petitions are closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Sub-Court, Sankari, Salem District.

2. The District Munsiff Court, Tiruchengode, Salem District.

3. The Sub Court, Salem.

4. The Section officer VR Section, High Court, Madras(2 copies) +1 CC to Mrs. STP. Kuilmozhi, Advocate sr 17574. S.A.No.1369 of 1998 SS(CO) SP(09/04/2018)