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Madras High CourtSA/3/2014dismissed for nonprosecution

Kannayal@Chinnathal v. Samiathal@Pongiathal

2019-09-09Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN S.A.No. 3 of 2014 and M.P.No. 1 of 2014

1. Kannayal @ Chinnathal 2.V.Mohanasundaram 3.A.Saveetha ... Appellants/Appellants/Defendants Vs.

Samiathal @ Pongiathal ... Respondent/Respondent/Plaintiff Prayer: Memorandum of Second Appeal filed under Section. 100 of C.P.C. against the judgment and decree passed in A.S.No. 56 of 2013 on the file of the Principal District Judge, Erode dated 22.10.2013 confirming the judgment and decree passed in O.S.No. 340 of 2006 on the file of the Learned II Additional SubOrdinate Judge, Erode dated 09.11.2012. For Appellants : Mrs.P.T.Ramadevi For Respondent : Mr.V.P.Sengottuvel

O R D E R

This Second Appeal filed under Section. 100 of C.P.C. against the judgment and decree passed in A.S.No. 56 of 2013 on the file of the Principal District Judge, Erode dated 22.10.2013 confirming the judgment and decree passed in O.S.No. 340 of 2006 on the file of the Learned II Additional Sub-Ordinate Judge, Erode dated 09.11.2012.

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2. The learned counsel appearing for the appellants would submit that the notice sent to the first appellant seeking instruction was returned as refused. The other appellants though have received the notice had not responded. Hence, she reports no instructions. Accordingly, this appeal is dismissed for non-prosecution. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Principal District Judge, Erode.

2.The II Additional Subordinate Judge, Erode.

Copy to The Section Officer, VR Section Hgih Court, Madras-104.

+1cc to M/s.P.T.Ramadevi, Advocate Sr.77928 S.A.No. 3 of 2014 and M.P.No. 1 of 2014 ssd[co] srg 23/10/2019 https://hcservices.ecourts.gov.in/hcservices/