Madras High CourtSA(MD)/56/2010dismissed for nonprosecution

R.N.T.Senthil Kumar v. Bagirathi Bai

2022-02-24Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.56 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.A.(MD)No.56 of 2010 and M.P.(MD)No.1 of 2010 1.R.N.T.Senthilkumar 2.Ananda Jothy ...Appellants/ Appellants/ Defendants Vs.

1.Bagirathi Bai 2.Nagammal 3.Malathi 4.Ragavendran

...Respondents/Respondents/

Plaintiffs PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree in A.S.No.51 of 2008 dated 29.07.2009 on the file of the Principal Subordinate Judge, Thanjavur confirming the judgment and decree in O.S.No.50 of 2006, dated 16.12.2006 on the file of District Munsif Court, Thiruvaiyaru. For Appellants : No Appearance For Respondents : Mr.G.Karnan for R3 Mr.V.S.Kumaraguru for R2 & R4 R1-Died.

JUDGMENT

When this Second Appeal was taken up for hearing on 04.02.2021, at the request of the learned counsel for the appellants, the matter was directed to be listed today i.e., on 17.02.2021. However, today when the matter is came up for hearing, there is no representation for the appellants. The learned counsel appearing for respondents 2 to 4 are present. The same would clearly indicate that the appellants are not interested in prosecuting this Second Appeal. Hence, this Second Appeal is dismissed for default.

No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.56 of 2010 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Principal Subordinate Judge, Thanjavur. 2.The District Munsif Court, Thiruvaiyaru.

3.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to Mr.V.S.KUMRAGURU, Advocate ( SR-5701[F] dated 17/02/2021 ) +1 CC to SPL GP ( SR-5947[F] dated 18/02/2021 ) S.A.(MD)No.56 of 2010 and M.P.(MD)No.1 of 2010 17.02.2021 1/2 (MJ) KV(26.02.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2