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Madras High CourtSA/248/2012dismissed for nonprosecution

Sivakami v. Minor Deepanraj

2025-04-08Honourable Mrs Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM

THE HONOURABLE MRS. JUSTICE R.KALAIMATHI

1. SIVAKAMI W/o Rasappa Gounder, D/o Venkgatachala Gounder

2. SARASWATHI W/o Elzumalai, D/o Venkatachala Gounder, Both Are At Polavapalayam Village, Polava Palayam Post, Nambiyur Gobi Dt ..Appellants Vs.

1. Minor Deepanraj S/o Rasappa Gounder, Minor Rep By Nf And Maternal Gf, Nanjappa Gounder, Palanigounderpudur, Kodardai Po, Yemmampoondi Village,Gobi Tk 2.Sivakami @ Kuppayal W/o Rasappa Gounder, Palanigounderpudur, Kodardai Po, Yemmampoondi Village, Gobi Tk Page 1/4

3.Rasa Gounder S/o Senniappa Gounder, Kallipalayam, Nambiyur Village, Gobi Tk 4.The Branch Manager Bank Of Baroda, Nambiyur Village, Gobi Tk (R2 exparte and hence given up, R3 and R4 are given up in the Second Appeal) ..Respondents Prayer: The Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 26.08.2011 made in A.S.No.1 of 2011 on the file of the Subordinate Judge, Gobichetipalayam and confirming the judgment and decree dated 08.11.2010 made in O.S.No.110 of 2008 on the file of the District Munsif, Gobichettipalayam.

For Appellants : No appearance For R1 : Mr.S.Ramesh Kumar For R2 to R4 : Given up - - - - - Page 2/4

JUDGMENT

The learned counsel for the 1st respondent is present.

2. When the matter came up for hearing on 13.09.2024, the learned counsel for the appellants reported 'no instructions' from the appellants and the Registry was directed to issue notice to the appellants. As per the said direction, notice to the appellants are served and the names of the appellants have also been printed in the cause list. Today also there is no representation for the appellants. Hence, this Second Appeal is dismissed for non-prosecution. There shall be no order as to costs. 08.04.2025 gbi Note: Issue Order copy on 08.04.2025.

To 1.The Subordinate Judge, Gobichetipalayam.

2.The District Munsif, Gobichettipalayam.

Page 3/4

R.KALAIMATHI, J.

gbi 08.04.2025 Page 4/4