R.Nagarajan(Died) v. Arukkani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :25.01.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.265 of 2000 R. Nagarajan (died) 1.S. Rathinam 2.Chinnapillai 3.Soodamani 4.Minor Nilavazhagan 5.Minor Chandramohan 6.Minor Ezhil Nilavan (minors 4 to 6 are sons of Late R.Nagarajan and are represented by their mother/Soodamani) ... Appellants Vs .

1.Arukkani 2.Annamayil 3.Ramalingam 4.Lakshmi ... Respondents Prayer : Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the Judgment and Decree dated 11.12.1997 made in A.S.No.138/1992 on the file of the Subordinate Judge, Ariyalur, reversing the Judgment and Preliminary Decree dated 06.12.1991 made in O.S.No.318 of 1983 passed by the Additional District Munsif at Ariyalur. For Appellants : No Appearance For RR1 to RR3 : Ms. M. Abirami for M/s.Sarvabhauman Associates

J U D G M E N T

When the matter came up for hearing on 17.01.2018, there was no representation for the appellants. Hence, the matter was directed to be posted on 23.01.2018. Again on 23.01.2018 also, there was no representation for the appellants. Therefore, the matter was directed to be listed on 25.01.2018 under the caption, "for dismissal".

2. Even today, there is no representation for the appellants inspite of the matter being listed under the caption "for dismissal". This shows the non-willingness attitude of the appellants to proceed with the case. Under the above said circumstances, this court has no other option except to dismiss the appeal. Accordingly, the Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition, if any, is closed.

25.01.2018 gv Index:Yes/No Speaking order/Non-speaking order To 1.The Subordinate Judge, Ariyalur.

2. The Additional District Munsif, Ariyalur. M.DHANDAPANI., J.

gv

S.A.No.265 of 2000 25.01.2018