Muthiah Konar v. Valliammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025

CORAM:

THE HONOURABLE MS.JUSTICE R.POORNIMA S.A(MD)No.145 of 2008 and M.P(MD)No.1 of 2008 1.Muthiah Konar 2.Velusamy(died) 3.Kalaiyarasi 4.Ramkumar 5.Sankaragomathy (A3 to A5 are brought on record as LRs of the deceased 2nd appellant vide order dated 28.01.2025 made in M.P(MD)No.1 of 2013) ...Appellants/Appellants/ Defendants -Vs1.Valliammal

...Respondent/Respondent/

Plaintiff 2.Padmavathi 3.Gopalasubramanian 4.Mariappan 5.Sakthi ... Respondents/Respondents/ Defendants PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code, against the decree and judgment dated 06.01.2006 passed in A.S.No.156 of 2004

by the Sub-Court, Sankarankoil, confirming the decree and judgment passed in O.S.No.133 of 1996 by the Additional District Munsif Sankarankoil, dated 14.11.2003.

For Appellants : No appearance For Respondent : No appearance

JUDGMENT

When the matter came up for hearing on 19.06.2025, there was no representation on the side of the appellant. Therefore, this matter was directed to be posted on 26.06.2025 under the caption "for dismissal". Thereafter, the matter was listed on 10.07.2025, even on that day, there was no representation for the appellant and hence, the matter was directed to be listed after two weeks. Even today, there is no representation on the side of the appellant. Since the learned counsel for the appellant is not interested to proceed with the appeal, this Second Appeal is dismissed for 'non prosecution'. Consequently, the connected miscellaneous petition is closed.

30.07.2025 NCC : Yes / No Index : Yes / No NS

To 1.The Sub-Court, Sankarankoil, 2.The Additional District Munsif, Sankarankoil.

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

R.POORNIMA , J.

Ns S.A(MD)No.145 of 2008 and M.P(MD)No.1 of 2008 30.07.2025