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Madras High CourtSA(MD)/1130/2008dismissed for nonprosecution

Seeniammal (Died) v. Selvaraj

2023-09-21Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.Seeniammal (died) Memo dated 25.08.2023 presented before the Court is recorded. Appellant died and the appellants 2 and 3, who already on record are recorded as LRs. of the deceased 1st appellant vide Court order dated 25.08.2023 made in S.A.(MD).No.1130 of 2008.

2.Ponnuthai 3.R.Chellappu ... Appellants Vs.

1.Selvaraj 2.M.Kandhimathi ... Respondents PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree made in A.S.No.45 of 2007 on the file of the Principal District Court, Tirunelveli, dated 20.02.2008, confirming the judgment and decree made in O.S.No.85 of 2004 on the file of the Principal Sub Court, Tenkasi, dated 19.04.2007.

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For Appellants : Mr.S.Kumar For Respondents : Mr.B.Saravanan, Senior counsel for Mr.Md.Sadiq

J U D G M E N T

The learned counsel appearing for the appellants submitted that he has sent a letter to the parties to take appropriate instruction, but the parties are not responded. Hence, he reported that there is no instruction from his client. It appears that the appellants have no interest in prosecuting the case. Hence, the Second Appeal is dismissed for non-prosecution. No costs. 21.09.2023 akv To 1.The Principal District Court, Tirunelveli.

2.The Principal Sub Court, Tenkasi.

3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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KRISHNAN RAMASAMY ,J.

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