Madras High CourtSA(MD)/544/2007dismissed for nonprosecution

S.Palammal v. Gnanalet

2023-09-05Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and M.P(MD)No.1 of 2007 1.S.Palammal 2.R.Jebajeevi 3.E.Subaretnam ... Defendants 7 to 9/Respondents 6 to 8/ Appellants Vs.

1.Gnanalet 2.Vijayan ... Plaintiffs/Appellants/Respondents 3.Joseph Antony (Died) 4.Poomani 5.Thangalekshmi 6.Nesammal 7.Mariathai (Died) 8.Mary Saroja 9.Diana 10.Baskar Respondents 8 to 10 are brought on record as Lrs of the deceased 3rd respondent vide court order dated 21.07.2023 11.Glory Bai 12.Christu Raj

Respondents 11 & 12 are brought on record as Lrs of the deceased 7th respondent vide Court order dated 21.07.2023 PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree in A.S.No.24 of 2005 dated 05.12.2006 on the file of the Subordinate Judge, Padmanabhapuram reversing the judgment and decree in O.S.No.198 of 1998 dated 08.10.2004, on the file of the Additional District Munsif, Eraniel. For Appellants : Mr.K.Sreekumaran Nair For R1 & R2 : Mr.S.Jeyakumar For R4 to R6, 8 & 9 : No appearance

J U D G M E N T

The learned counsel appearing for the appellants reported no instruction. It shows that the appellants are not interested in prosecuting the case. Hence, this second appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No Speaking Order : Yes / No 05.09.2023 am

To 1.The Sub-Court, Padmanabhapuram.

2.The Additional District Munsif, Eraniel.

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

KRISHNAN RAMASAMY, J.

am 05.09.2023