Madras High CourtSA(MD)/227/2004dismissed for nonprosecution

Muthunayagam v. Thangayyan

2024-09-23Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Muthunayagam ... Appellant/Appellant/Plaintiff Vs.

1.Thangayyan 2.Nesaiyan 3.Nesamony 4.Ponnumuthu (died) 5.Thangappan 6.Raju 7.Gnanasoundari ... Respondents 1 to 7/ Respondents/Defendants 8.Thankamoni 9.Moni 10.Rethnamoni 11.George 12.Rethnam 13.Baby 14.Rajan 15.Jayanthi ... Respondents 8 to 15/ Lrs of the deceased R4 (R - 8 to R - 15 are brought on record as Lrs of the deceased R4 vide order dated 18.03.2022 made in C.M.P(MD)Nos.4059 to 4061 of 2017 in S.A(MD)No.227 of 2004) Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 20.08.203 made in A.S.No.189 of 1997 of 2003 on the file of the Sub Court, Padmanabhapuram, confirming the judgment and decree dated 1/4

27.10.1997 made in O.S.No.716 of 1990 on the file of the Additional District Munsif Court at Padmanabhapuram.

For Appellant : No appearance For RR 8 to 15 : Mr.K.N.Thampi

JUDGMENT

When the matter was taken up for hearing on 20.09.2024, there was no representation for the appellant and thereby the matter was ordered to be listed under the caption 'for dismissal' on 23.09.2024.

2.When the matter is taken up for hearing today, there is no representation on behalf of the appellant. Hence, the Second Appeal is dismissed for non-prosecution. No costs.

23.09.2024 NCC : Yes/No Index : Yes/No ps 2/4

To 1.The Sub Court, Padmanabhapuram.

2.The Additional District Munsif Court, Padmanabhapuram.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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V.BHAVANI SUBBAROYAN, J.

ps Judgment made in 23.09.2024 4/4