K.Sarathambal(Deceased) v. Leelavathi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2023
CORAM:
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
1. K. Sarathambal (Deceased)
2. Malliga D/o. K.Kannan
3. K. Shanthi (Deceased) W/o. Hari D/o. K.Kannan
4. K. Venkatesan S/o. K. Kannan ..Appellants in both the Appeals Appellants 2 & 4 are recorded as LRs of the Deceased 1st appellant vider order of Court dated 18/07/16 made in Memo dated 18/07/16 in SA Nos. 216 & 217 of 2013.
Vs.
Leelavathi ..Respondent in both the Appeals PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the (i) SA No. 216/23: Sub Court, Ranipet dated 9.12.2011 confirming the Judgment and Decree of the District Munsif Court, Sholigur OS No.346 of 1/4
2004 dated 29.11.2008 and dismiss the suit OS No.23 of 2007 filed by the respondent.
(ii) SA No.217/23: Subordinate Judge, Ranipet made in A.S.No.82 of 2010 dated 9.12.2011 confirming the Judgment and Decree of the District Munsif Court, Sholingur dated 29.11.2008 and made in OS No.23 of 2007. For Appellants : No appearance (in both the Appeals) For Respondent : Mr.C.Sathish (in both the Appeals) CO M M O N J U D G M E N T None appears for the appellants. It is seen from the notes paper that the counsel for the appellants are consistently absent, in fact the Appeals have been posted 'for dismissal' on 18.08.2016 and again they have been adjourned. It is also seen that the Appeals were listed on 02.06.2023 and were adjourned to 08.06.2023, on 08.06.2023 also there was no representation. Again the matter was listed on 26.06.2023, on which date this Court directed to be listed under the caption 'for dismissal' on 10.07.2023.
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2. In view of the continued absence of the counsel for the appellants, I do not see any reason to keep these Appeals pending. The Appeals are therefore dismissed for non-prosecution. There shall be no order as to costs. 10.08.2023 jv Index : Yes/ No Internet : Yes/ No Speaking order/ Non-Speaking order To
1. The Subordinate Judge, Ranipet.
2. The District Munsif Court, Sholingur.
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R.SUBRAMANIAN, J.
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