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Madras High CourtSA/751/2014dismissed for nonprosecution

Kuppayee v. Eswari

2025-12-04Honourable Dr.Justice A.D.Maria Clete3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2025

CORAM

THE HON'BLE DR. JUSTICE A.D. MARIA CLETE and MP.No.1 of 2014 Kuppayee ... Appellant Vs.

1. Eswari

2. Venkadesh

3. Murugesan

4. Abimannan

5. Thandavaraya Gounder

6. Ranjith @ Kuttipaiyan ... Respondents Second Appeal is filed under Section 100 of Civil Procedure Code, to allow the second appeal and set aside the decree and judgment made in A.S.No.36 of 2012 on the file of Sub Court, Bhavani dated 03.01.2014 confirming the judgment and decree dated 17.02.2011 made in O.S.No.156 of 2008 on the file of the learned Principal District Munsif Court, Bhavani. For Appellants : No appearance For Respondents : Mr.P.Rajavel for R1, R4 and R6 R3 & R5 served-no appearance R2 died

JUDGMENT

When the matter was listed for hearing on 02.12.2025, there was no representation for the appellant, hence, Registry was directed to list the matter under the caption "for dismissal" on 04.12.2025 (i.e.,) today. When the matter is called today there is no representation for the appellant and hence it is clear and evident that the appellant is 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. 04.12.2025 Index : Yes/No Speaking order/Non-speaking order dpq/ay To

1. The Sub Court Bhavani

2. The Principal District Munsif Court, Bhavani.

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

Dr.A.D. MARIA CLETE , J.

ay/dpq

and MP.No.1 of 2014 04.12.2025