Rayappa Gounder (Died) v. L.Murugasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P.No.17512 of 2022 Rayappa Gounder (died) R.Rangammal ... Appellant Vs 1.L.Murugasamy 2.R.Kandasamy 3.Meenakshi 4.R.Ponnusamy 5.R.Chinnasamy 1/5

6.R.Kurundachalam 7.K.Padmavathi 8.R.Duraisamy 9.Baggialakshmi

...Respondents

(The Cause title accepted vide Court order dated 19.08.2021 made in M.P.No.1 of 2012 in S.A.Sr.No.52432 of 2011) Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgement and Decree dated 03.11.2010 made in A.S.No.30 of 2010 on the file of I Additional District Court, Coimbatore, confirming the Judgement and Decree dated 11.09.2007 made in O.S.No.451 of 2004 on the file of the Principal Sub Court, Coimbatore.

For Appellant :

No Appearance 2/5

JUDGEMENT A memo dated 14.11.2022 has been filed by the learned counsel for the appellant stating that the appellant has taken back the brief of the case and they had also endorsed the change of vakalat. However, when the matter was listed on 16.11.2022, there was no representation for the appellant and the Registry was directed to print the name of the appellant and post the matter on 18.11.2022.

2. On 18.11.2022, when the matter was listed showing the name of the appellant, once again there is no representation and the matter was directed to be listed under the caption "For dismissal" on 22.11.2022.

3. On 22.11.2022, i.e., today when the matter is called once 3/5

again there is no representation for the appellant. Therefore, the Second Appeal is dismissed for non-prosecution. Consequently, connected Civil Miscellaneous Petition is closed. No costs. 22.11.2022 kan Index: Yes/No Speaking order/non-speaking order To

1. The I Additional District Court, Coimbatore

2. The Principal Sub Court, Coimbatore.

P.T.ASHA, J., 4/5

kan 22.11.2022 5/5