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Madras High CourtSA/238/2004dismissed for nonprosecution

B.P.Jayaprakasam v. M.Gopalaswamy (Died)

2015-12-18Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2015

CORAM

THE HONOURABLE Mr.JUSTICE S.NAGAMUTHU S.A.No.238 of 2004 and C.M.P.No.1295 of 2008 1.B.P.Jayaprakasam 2.E.Rajendiran ..Appellants -Vs1.M.Gopalaswamy (Died) 2.Sirumgai Town Panchayat, Rep. By its Executive Officer, Sirumugai.

3.Tmt.Kalaichelvi 4.G.Dhayanand 5.G.Archana [R3 to R5 brought on record as Lrs of the deceased sole respondent Vide order of Court dated 09.02.2012 made in C.M.P.Nos.19 to 21 of 2011 in S.A.No.238 of 2004] .. Respondents Second Appeal filed under section 100 of C.P.C against the decree and judgment of the learned Additional Sub-Court, Coimbatore, in A.S.No.65 of 2001 dated 16.06.2003 confirming the judgment and decree of the District Munsif Court, Mettupalayam, in O.S.No.172 of 1995, dated 19.03.2001. For Appellants : No Appearance For Respondents : No Appearance [R2] Mr.S.Subbiah [R3 to R5]

JUDGMENT

When the matter came up for hearing on 11.12.2015, there was no representation on behalf of the appellants. Hence, with a view to afford an opportunity, the matter was ordered to be listed today i.e., on 18.12.2015 under the caption "for dismissal".

Even today, there is no representation on behalf of the appellants. Learned counsel https://hcservices.ecourts.gov.in/hcservices/

for the respondents 3 to 5 is ready. Hence, the Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

sd/- Assistant Registrar(Cs-IV) /TRUE COPY/ Sub-Assistant Registrar To

1. The Additional Sub-Court, Coimbatore.

2. The District Munsif Court, Mettupalayam.

S.A.No.238 of 2004 CO-MP JD 18/01/2016 https://hcservices.ecourts.gov.in/hcservices/