M. Shanmugam,(Died) v. M.Rajarethinam,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2022

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S (MD)No.137 of 2013 and M.P(MD)No.2 of 2013 and M.P(MD)No.1 of 2015 M.Shanmugam (Died) 2.Uma Maheswari 3.Charulatha 4.S.Hemalatha 5.S.Satheesh Kumar 6.S.Kiruthika ... Appellant/Defendant Vs.

1.M.Rajarethinam 2.M.Swamynathan 3.M.Sekar 4.M.Mohan 5.Vijayalakshmi 6.Jayalakshmi 7.Indira Devi 8.Dhanalakshmi ... Respondents/Plaintiffs

PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code, against the judgment and decree, dated 31.07.2012 made in O.S.No.106 of 2006, on the file of the First Additional Sessions Judge (PCR), Trichirapalli. For Appellant : No Appearance For R1 : Mr.M.Prakash For RR2,4,6 to 8 : Mr.H.Lakshmi Shankar

J U D G M E N T

When the matter came up for hearing on 06.07.2022, the learned counsel for the appellants filed a memo stating that he has no instructions from his client. The said memo was recorded on that day and this Court directed the Registry to print the name of the appellants in the cause list and remove the name of the learned counsel and the appeal was directed to be listed today i.e., on 22.07.2022. Though the name of the appellants were printed in the cause list today, none appeared on behalf of the appellants. This appeal is pending from 2013 itself and this shows that the appellants are not interested in prosecuting the appeal. Hence, this Court has no other option except to dismiss the appeal for non-prosecution.

2.Accordingly, the appeal suit is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No Speaking Order : Yes / No 22.07.2022 am To

1. The First Additional Sessions Judge (PCR), Trichirapalli.

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

P.VELMURUGAN, J.

am A.S (MD)No.137 of 2013 22.07.2022