Madras High CourtAS(MD)/173/2007dismissed for nonprosecution

D.Chakaravarthy v. Annalakshmi, (Died)

2022-08-17Honourable Mr Justice P. Velmurugan9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S(MD)No.173 of 2007 and CROSS OBJECTION(MD)NO.37 OF 2008 AND M.P(MD)No.1 of 2007 A.S(MD)No.173 of 2007 1.D.Chakravarthy 2.D.Mahudapathy(died) 3.M.Mohith (The appellant No.3 is brought on record as the legal representative of the deceased second appellant as per order of this Court made in C.M.P(MD)No.1229 to 1231 of 2018 in A.S.NO.173 of 2007, dated 5.10.2018 :Appellants/Defendants 26 and 27 .vs.

1.Annalakshmi(died) :First Respondent/Plaintiff 2.Vijayrenganathan 3.Paulpandian 4.M.Kalidhas 5.M.Gurusamy 6.M.Panchavarnam 1/9

7.M.Chidambaram 8.G.Jeyaraman 9.Navamani 10.Shanthi 11.Sumathi 12.V.R.J.Venkatesan 13.J.Senthilkumar 14.J.Geetharani 15.V.Gopal 16.Vasanthi 17.Subramanian 18.Bose 19.Lakshmiammal 20.K.Subramanian 21.R.Kumarasamy @ Selvam 22.P.Surulirajan 23.C.Sundaraj 24.M.Ravi 25.Logamatha :Respondents 2 to 25/Defendants2 to 24/Respondents 2 to 7 and Respondents 9 to 18 and Respondents 20 to 24 26.Navamani 2/9

27.Manimegalai 28.V.Kannan 29.V.Jeyaramachandran(died) 30.V.Raghavan 31.Jayalakshmi 32.Dhanaranjani 33.Vishnu :Respondents (Respondents 26 to 30 are brought on record as legal representatives of the deceased first respondent as per order of this Court made in M.P(MD)Nos.1 and 2 of 2009 in A.S.(MD)No.173 of 2007, dated 5.10.2009.) (Respondents 2 to 7 and Respondents 9 to 18 and Respondents 20 to 24 Given up) (Respondents 31 to 33 are brought on record as legal representatives of the deceased 29th respondent as per order of this Court made in C.M.P(MD)No.5167 of 2019 in A.S(MD)No.173 of 2007, dated 22.7.2022) CROSS OBJECTION(MD)NO.37 OF 2008 1.Annalakshmi 2.R.Vijayarenganathan 3.Navamani 4.Manimegalai 5..Kannan 6.V.Jeyaramachandran 3/9

7.V.Raghavan (Appellants 2 to 7 are brought on record as legal representatives of the deceased first appellant as per order of this Court made in M.P. (MD)Nos. 2 to 4 of 2009 in Cross Objection(MD)No.37 of 2008 in A.S(MD)No.173 of 2007) :Appellants/Ist Respondent /vs/ 1.R.Vijayaarenganathan 2.Paulpandian 3.M.Kalidhas 4.M.Gurusamy 5.M.Panchavarnam 6.M.Chidambaram 7.G.Jeyaraman 8.Navamani 9.Shanthi 10.Sumathi 11.V.R.J.Venkatesan 12.J.Senthilkumar 13.J.Geetharani 14.V.Gopal 15.Vasanthi 16.Subramanian 17.M.Bose 4/9

18.Lakshmiammal 19.K.Subramanian 20.R.Kumarasamy @ Selvam 21.P.Surulirajan 22.C.Sundaraj 23.M.Ravi 24.Logamatha :Respondents/Respondents 25.Chakaravarthy 26.Mahadapathy(died) 27.Manjula 28.Minor Mohith :Respondents.

(Respondents 27 and 28 are brought on record as legal representatives of the deceased Respondent No.26 as per order of this Court made in M.P.No.1 of 2014 in Cross Objection(MD)No.37 of 2008 in A.S(MD)No.173 of 2007, dated 12.2.2015) (R28 being minor represented by Respondent No.27 as per order in M.P.No.2 of 2014 in Cross Objection(MD)No.37 of 2008 in A.S(MD)No.173 of 2007, dated 12.2.2015 (Respondents 1 and 8 are transposed as appellants 2 and 3 as per order of this Court made in M.P(MD)Nos.2 to 4 of 2009 in Cross Objection(MD)No.37 of 2008 in A.S(MD)No.173 of 2007, dated 5.10.2009) PRAYER in Appeal Suit : First Appeal filed under Section 96 of the Civil Procedure Code against the judgment and decree made in O.S.No.362 of 2004, dated 15.2.2007, on the file of the Fast Track Court No.II(Additional District Judge), Madurai. 5/9

PRAYER in Cross Objection: Cross Objection filed under Section 96 and Order 41 Rule 22 of Civil Procedure Code against the judgment and decree made in O.S.No.362 of 2004, dated 15.2.2007, on the file of the Additional District Judge(Fast Track Court No.II), Madurai.

A.S(MD)No.173 of 2007 For Appellants :Mr.R.Suriyanarayanan For Respondent-1 :Died For Respondents-2 26 to 28 and 30 :Mr.B.Murugan For Repondent-8 :Mr.G.Muthuraman For Respondent-19 :Mr.S.P.Karuppasamy For Respondents 7, 9 to 18 and 20 to 24 :Given up For Respondent-25 :No appearance For Respondent-29 :Died CROSS OBJECTION(MD)NO.37 OF 2008 For Cross Objectors :Mr.B.Murugan For Respondent-7 :Mr.G.Muthuraman For Respondent-18 :Mr.S.P.Karuppasamy For Respondent-25 :Mr.R.Suriyanarayanan 6/9

COMMON JUDGMENT ***************** In the earlier hearing date,ie., on 10.8.2022, at the request of the learned counsel for the appellants, the matter is posted today under the caption ''for reporting settlement''. When the matter is taken up for hearing today, it is reported that no settlement is arrived at between the parties. Further the learned counsel for the appellants as well as the Cross-Objectors are not ready to argue the appeal suit as well as the Cross-Objection and sought for adjournment.This shows that the learned counsel for the appellants /Cross Objectors are not interested in prosecuting the appeal suit as well as the Cross-Objection. Therefore both the Appeal Suit as well as the Cross-Objection are dismissed for nonprosecution. No costs. Consequently, connected Miscellaneous Petition is dismissed.

17.08.2022 Index:Yes/No Internet:Yes/No vsn To 1.The Additional District Judge (Fast Track Court No.II), 7/9

Madurai.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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P.VELMURUGAN.,J.

vsn COMMON JUDGMENT MADE IN A.S(MD)No.173 of 2007 and CROSS OBJECTION(MD)NO.37 OF 2008 AND M.P(MD)No.1 of 2007 17.08.2022 9/9