Madras High CourtSA(MD)/276/2013dismissed for nonprosecution

K.Udayarkone (Died) v. Karuthavanam

2023-07-27Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and M.P(MD)No.1 of 2013 K.Udayarkone (Died) 2.Yasothai 3.Karpagam 4.Pitchai 5.Shanthi 6.Kumar (Appellants 2 to 6 are brought on record as Lrs of the deceased sole appellant vide Court order dated 01.02.2022) ... Appellants Vs.

1.Karuthavanam 2.Ramachandran (Died) 3.Gurusamy (Died) 4.Deivaraj 5.Deivanai 6.Poonkothai 7.Pandi Muneeswari 8.Muniyasamy

9.Krishnaveni (Respondents 6 to 9 are brought on record as Lrs of deceased 3rd respondent vide Court order dated 7.03.2019) 10.Krishnammal 11.Muthurakku 12.Palpandi 13.Guru 14.Rajeswari 15.Ramar (Respondents 10 to 15 are brought on record as Lrs of the deceased 2nd respondent vide Court order dated 01.02.2022) ... Respondents PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 28.02.2012 made in A.S.No. 29 of 2011, on the file of the Sub-Court, Paramakudi, Ramanathapuram District confirming the judgment and decree dated 27.01.2011 made in O.S.No.52 of 2001, on the file of the District Munif, Muthukulathur, Ramanathapuram District.

For Appellants : No appearance For Respondents : Mr.P.Arumugam 1,2,4,5,6 to 9 & 11 to 15

J U D G M E N T

When the matter was taken up for hearing on 25.07.2023 learned counsel for the appellants submitted that he has sent a notice to the appellants and till date, no response was received from the appellants and hence, he is going to withdraw the vakalat. In view of the above, this Court directed the Registry to remove the name of the counsel for the appellants and print the name of the appellants. Today, the name of the appellants also printed in the cause list, there is no representation for the appellants. Despite sufficient opportunity given to the appellants, the appellants have not come forward to prosecute the appeal. Therefore, this Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No Speaking Order : Yes / No 27.07.2023 am

To 1.The Sub-Court, Paramakudi, Ramanathapuram District.

2.The District Munif, Muthukulathur, Ramanathapuram District.

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

KRISHNAN RAMASAMY, J.

am 27.07.2023