A.Dhanadapani(Deceased) v. Muthulakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.10.2017

CORAM:

THE HON'BLE MR. JUSTICE M.DURAISWAMY A.S.No.186 of 2003 & C.M.P.Nos.956 & 957 of 2011 1.A.Dhandapani (deceased) 2.Sakthivel 3.Pachaiammal 4.Rathinambal 5.S.Valli [Appellants 3 to 5 brought on record as LRs of deceased 1st appellant vide order of court dated 30.06.2010 made in C.M.P.Nos.1375 to 1377 of 2007] ... Appellants v.

1.Muthulakshmi 2.Minor Dhanaselvam [Rep. by mother and guardianship the 1st Respondent] 3.Sakthivel 4.Adhi .. Respondents First Appeal filed under Section 96 of the Code of Civil Procedure judgment and decree dated 08.06.2001 made in O.S.No.501 of 1994 by the learned Additional Sub Judge, Cuddalore. For Appellants : No Appearance For Respondents : Mr.R.Muralidharan - for R1 & R2 No Appearance - for R3 Mr.A.Thamizharasan - for R4

J U D G M E N T

Pursuant to the orders of this court, the drafted notices sent to the appellants and the 4th respondent were duly served on the respondents 3, 4 and 5 and also on the 4th respondent. Notice sent to the 1st appellant was returned with an endorsement that the 1st appellant had died and the notice sent to the 2nd appellant was returned since his father name differs. Though the names of the appellants 3 to 5 have been printed in the cause list, none appears for them. Hence, the Registry was directed to list the matter today i.e. on 10.10.2017, under the caption for dismissal. Today also, there is no representation on behalf of the appellants. Hence, this court left with no other option except to dismiss the Appeal for non prosecution. Accordingly, the Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed. 10.10.2017 Index : Yes/No Rj To The Additional Sub Judge Cuddalore.

M. DURAISWAMY,J.

Rj A.S.No.186 of 2003 & C.M.P.Nos.956 & 957 of 2011 10.10.2017