Ganesan, S/O. Kandasamy, v. S.Kaliyamoorthy,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.02.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.82 of 1998 Ganesan ... Appellant/Appellant/ Plaintiff Vs.

1.S.Kaliyamoorthy 2.S.Santha 3.S. Pushpavathi 4.S.Krishnasamy 5.R.Mariappan 6.Padmavathi Ammal 7.Sarangatharan 8.Saradha

...Respondents/Respondents/

Defendants PRAYER:- The Second Appeal has been filed under Section 100 of C.P.C., to set aside the Judgment and Decree dated 18.06.1996 and made in A.S.No.103/1995, on the file of the learned Additional Sub-ordinate Judge, Nagapattinam, confirming the Judgment and Decree, dated 22.09.1994, and made in O.S.No.42/1994 on the file of the learned District Munsif, Nannilam.

For Appellant : Mr.N. Sankaravadivel For Respondents : M/s.A.Muthukumar for R2 & R3 For R1 & R4 :Died For R2,3,6 -8 :Served. No appearance For R5 & R7 : Second batta with petition due and not ready in notice

J U D G M E N T

Learned counsel for the appellant submitted that inspite of the repeated letters sent to the appellant, there was no response from the appellant. Hence, he reported 'no instructions' from the appellant. He has also made an endorsement to that effect.

Recording the submission and endorsement made by the learned counsel for the appellant, the second appeal is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar gv To

1. The learned Additional Sub-ordinate Judge, Nagapattinam.

2. The learned District Munsif, Nannilam.

S.A.No.82 of 1998 SVI(co) cs/21/03/18