Madras High CourtSA/1727/1999dismissed for nonprosecution

1.Kandaswamyand Another v. Veerappan

2018-03-16Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.Nos.1727 & 1728 of 1999

1. Kandaswamy (Died)

2. Shanmugam

3. K.Senthilkumar ...Appellants in both the appeals (3rd appellant is brought on record as LR of the deceased 1st appellant vide order dated 17.10.2006 in C.M.P.Nos.8461 & 8462 of 2006) Vs.

1. Valliammal

2. Veerappan (Died)

3. Chinnammal

...Respondents in both the appeals

(3rd respondent is brought on record as LR of the deceased 2nd respondent vide order dated 10.04.2007 in C.M.P.No.1271 & 1272 of 2007) Prayer: These Second Appeal are filed under Section 100 of Civil Procedure Code against the judgment and decree in A.S.No.89 & 90 of 1996 respectively dated 10.02.1998 on the file of the Subordinate Judge, Dharapuram confirming the judgment and decree in O.S.No.32 of 1996 & O.S.No.40 of 1993 respectively dated 18.10.1996 on the file of the District Munsif of Dharapuram. For Appellants : 1st appellant - died : 2nd & 3rd appellant-Name printed- No Appearance - in both the second appeals For Respondents: Mr.R.Asokan for R1 R2 - died; R3 - Notice served - No Appearance - in both the second appeals https://hcservices.ecourts.gov.in/hcservices/

COMMON JUDGMENT When the second appeal came up for hearing on 02.03.2018, the learned counsel for the appellant submitted that there is no instruction from his clients/appellants. Hence, Registry was directed to print the name of the appellants in cause list and list the matter on 16.03.2018. Today, i.e. on 16.03.2018, the names of the appellants are printed in the cause list, even then, none appeared on behalf of the appellants.

Therefore, the second appeals are dismissed for nonprosecution. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar cgi

1. The Subordinate Judge, Dharapuram.

2. The District Munsif, Dharapuram.

COPY TO The Section Officer, V.R. Section, High Court, Madras.(2 copies) S.A.Nos.1727 & 1728 of 1999 SSI(CO) TR(28/03/2018) https://hcservices.ecourts.gov.in/hcservices/