Madras High CourtSA(MD)/1029/2006allowed

Sundar Raj v. Joseph Raj

2021-12-10Honourable Mr Justice M. Govindaraj2 pages

S.A.(MD)No.1029 of 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN S.A.(MD)No.1029 of 2006

1. Sundar Raj

2. Rasal Raj ... Appellants versus

1. Joseph Raj

2. Raja Bai

3. Doramary

4. Mary Stella

5. Arlu

6. Prasath

7. Amalin Sutha

8. Thangaraj

9. Radha Devi 10.Sornam

11. Rajarathinam (R11 is impleaded vide Court order dated 24.04.2018) (R2, R3, R9 and R10 are given up) ... Respondents Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree dated 03.03.2006 made in A.S.No.77 of 2005 on the file of Sub Court, Padmanabapuram, confirming the Judgment and Decree dated 27.06.2005 made in O.S.No.284 of 2001 on the file of Additional District Munsif Court, Padmanabapuram. For Appellants :

No appearance For R1 :

Mr.R.Sundar For RR2, 3, 9 and 10 :

Given up R4 to R7 :

Mr.J.John Jeyakumar For R8 :

No appearance For R11 :

Mr.C.Kishore https://hcservices.ecourts.gov.in/hcservices/ 1/3

S.A.(MD)No.1029 of 2006

JUDGMENT

On 13.08.2019, when the appeal came up for hearing, the learned counsel appearing for the appellants has filed a memo for reporting no instructions from the appellants. After recording the said memo filed by the appellants, this Court directed the Registry to print the name of the appellants in the cause list and list the matter today, i.e. on 20.08.2019, under the caption "For Dismissal".

2. Today, when the appeal came up for hearing, there is no representation for the appellants either in person or through their counsel. The learned counsel appearing on behalf of respondent Nos.1, 4 to 7 and 11 alone are present. The non-appearance of the appellants before this Court shows that they are not interested in prosecuting the appeal.

3. Accordingly, the Second Appeal is dismissed for nonprosecution. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To

1. The Subordinate Judge, Padmanabapuram.

2. The Additional District Munsif, Padmanabapuram. +1 CC to M/s.J.JOHN JEYAKUMAR, Advocate ( SR-82373[F] dated 20/08/2019 ) +1 CC to M/s.R. SUNDER, Advocate ( SR-82643[F] dated 21/08/2019 ) +1 CC to M/s.C.KISHORE, Advocate ( SR-82729[F] dated 21/08/2019 ) S.A.(MD)No.1029 of 2006 20.08.2019 ogy JMN(13.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/3