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Madras High CourtSA/456/2014dismissed for nonprosecution

Balasubramaniam(Died) v. Vanaja

2025-11-19Honourable Dr.Justice A.D.Maria Clete4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2025

CORAM

THE HON'BLE DR. JUSTICE A.D. MARIA CLETE and M.P.No.1 of 2014

1. Balasubramaniam (died)

2. Karthikeyan Balasubramaniam

3. Mahendiran Balasubramaniam ... Appellants Appellants 2 & 3 brought on record as legal heirs of the deceased sole appellant viz., Balasubramaniam vide Court order dated 29.11.2021 made in CMP.No.10768 of 2021 in S.A.No.456 of 2014 (TKRJ) Vs.

1. Vanaja

2. Meera

3. Balasaraswathy

4. Meenakshi

5. Santha

6. Prema ... Respondents Second Appeal is filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 20.12.2013 passed in A.S.No.34 of 2003 on the file of First Additional District and Sessions Judge, Cuddalore confirming the judgment and decree dated 17.11.1999 passed in O.S.No.191 of 1995 on the file of Subordinate Judge, Cuddalore and dismiss the suit by allowing this second appeal.

For Appellants : No appearance For Respondents : R1, R2, R4 to R6 - not ready in notice R3 - No appearance

JUDGMENT

When the matter was listed for hearing on 18.11.2025, there was no representation for the appellants, hence, Registry was directed to list the matter under the caption "for dismissal" on 19.11.2025 (i.e.,) today. When the matter is .called today there is no representation for the appellants and hence it is clear and evident that the appellants are not interested in prosecuting the second appeal.

2. Hence, this second appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is also closed. 19.11.2025 Index : Yes/No Speaking order/Non-speaking order dpq

To

1. The learned Subordinate Judge, Cuddalore.

2. The learned First Additional District and Sessions Judge, Cuddalore.

3. The Section Officer, VR Section, High Court of Madras Chennai.

Dr.A.D. MARIA CLETE , J.

dpq 19.11.2025