Shanmugasamy v. Gandhimathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY S.A(MD)No.469 of 2012 and M.P(MD)No.1 of 2012

1. Shanmugasamy

2. Thangarathi ... Appellants Vs.

... Respondent Gandhimathi PRAYER: Second Appeal is filed under Section 100 of Civil Procedure Code, to allow the appeal by setting aside the Judgment and Decree passed in A.S.No. 28 of 2011 on the file of the Additional District Court, Fast Track Court No.II, Thoothukudi, dated 20.08.2011 reversing the Judgment and Decree in O.S No.446 of 2006 on the file of the Principal District Munsif Court, Thoothukudi, dated 07.12.2009.

For Appellants : Mr.R.T.Arivukumar For Respondent : Mr.G.Aravindhan JUDGEMENT The Learned Counsel appearing for the Appellants submitted that there is 'No instructions' from the Appellants. To this effect a memo has been filed.

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2. Recording the same, this Second Appeal is dismissed for non prosecution. Liberty is granted to the appellants to prosecute the case, if so advised. No Costs. Consequently, connected miscellaneous petition is closed. 09.01.2025 NCC : Yes / No Index : Yes / No Internet :

Yes / No KSA 2/4

To

1. The Additional District Court, Fast Track Court No.II, Thoothukudi.

2. The Principal District Munsif Court, Thoothukudi.

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

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S.SRIMATHY, J.

KSA Order made in S.A(MD)No.469 of 2012 09.01.2025 4/4