Madras High CourtAS(MD)/602/2011dismissed for nonprosecution

N.Nagu Pillai (Died) v. A.Krishnammal,

2022-07-21Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN N.Nagu Pillai (died) 1.Irulayee Ponnupillai 2.M.Panchavarnam 3.N.Nagarajan 4.N.Panchakili 5.N.Arumugam 6.N.Selvam ... Appellants (Cause title accepted vide order dated 20.10.2011 made in M.P.(MD)No.1 of 2011 in A.S.(MD)SR.No.45748 of 2011) -Vs1.A.Krishnammal K.S.Pitchayammal (deceased) 2.K.S.Kannan 3.K.S.Ramachandran ... Respondents PRAYER : Appeal Suit is filed under Section 96 of the Code of Civil Procedure to set aside the judgment and decree made in O.S.No.130 of 2007 dated 13.05.2010 on the file of the Additional District and Sessions Court, (Fast Track Court I) at Madurai.

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For Appellants : No Appearance For R3 : Mr.J.Suresh Kumar

JUDGMENT

When the matter came up for hearing on 14.07.2022, at the request of both sides, this appeal was directed to be listed on 21.07.2022 with an observation that no further time will be given on that date. Today (21.07.2022), when the matter is taken up for hearing, none appeared on behalf of the appellants. However, the learned counsel for the third respondent is present. Since the appeal is pending from the year 2011, the learned counsel for the appellants is not interested to argue the appeal. Under these circumstances, this Court has no other option except to dismiss the appeal for non-prosecution. Accordingly, this Appeal Suit stands dismissed for non-prosecution. No costs. 21.07.2022 Index : Yes / No Internet : Yes / No Myr 2/4

To 1.The Additional District and Sessions Judge, Fast Track Court No.I, Madurai.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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P.VELMURUGAN , J.

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