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Madras High CourtSA/1372/2011dismissed for nonprosecution

Nachimuthu - Died v. K.Rangasamy

2023-06-22Honourable Mrs Justice R. Hemalatha2 pages

S.A.No.1372 of 2011 & M.P. No.1 of 2011

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA S.A.No.1372 of 2011 & M.P. No.1 of 2011

1. Nachimuthu (died)

2. N. Deivathal

3. N. Subramani ... Appellants Appellants 2 & 3 brought on record as LRs of thedeceased sole appellant vide court order dated 19.04.2021 made in CMPs 9739, 9740 and 9741/2020.

..Vs..

1. K. Rangasamy

2. K. Chinnasamy ... Respondents PRAYER : Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 29.06.2011 passed in A.S. No.64 of 2010 on the file of Principal District Court, Erode,upholding the decree and judgement dated 08.04.2010 in O.S.No. 124 of 2009 on the file of the Subordinate Court, Perundurai.

For Appellants : No appearance For Respondents : Mr. N. Manokaran https://www.mhc.tn.gov.in/judis

S.A.No.1372 of 2011 & M.P. No.1 of 2011 R. HEMALATHA, J.

bga

JUDGMENT

The learned counsel for the appellants reported no instructions for the appellants as there was no response to the Registered letter sent to the legal heirs of the sole appellant and also filed a memo dated 22.06.2023 in this regard. The said memo is recorded.

2. In view of the above, the Second Appeal is dismissed for non prosecution. No costs. Consequently connected miscellaneous petition is also dismissed.

22.06.2023 Index : Yes/No Internet : Yes/No bga To

1. The Principal District Judge, Erode.

2. The Subordinate Judge, Perundurai.

3. The Section Officer, V.R. Section, High Court, Madras. S.A.No.1372 of 2011 & M.P. No.1 of 2011 https://www.mhc.tn.gov.in/judis