Madras High CourtSA(MD)/364/2006dismissed for nonprosecution

P.Muthukaruppan v. V.Muniyandi

2024-08-07Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P.No.2859 of 2006 1.P.Muthukaruppan 2.P.Ondi ... Defendants/Appellants/ Appellants .vs.

1.V.Muniyandi 2.V.Karuppaiah 3.Ondi Veerammal 4.M.Aadavalli 5.M.Paulraj 6.M.Ondiveeri 7.M.Muthupandi 8.M.Ponnuthayee 9.M.Paulpandi 10.Minor Jeyapandi (Rep. by mother M.Aadavalli) 11.Minor Lakshmi (Rep. by mother M.Aadavalli) 12.A.Ponnavadai 13.A.Kandasamy 14.P.Ponnammal ... Plaintiffs/Respondents/ Respondents

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 13.10.2005 made in A.S.No. 25 of 2004, on the file of the Sub-Court, Aruppukottai confirming the judgment and degree dated 06.08.2004 made O.S.No.170 of 1996, on the file of the District Munsif Court, Aruppukottai. For Appellants : No appearance For R1 to R3 : Mr.Vijayakumari Natarajan

J U D G M E N T

When the matter was taken up for hearing on 31.01.2017, it was reported that the first appellant died and sought time for taking steps. However, no steps have been taken till today.

2. When the matter was taken up for hearing on 06.08.2024, the learned counsel appearing for the appellants reported 'No Instructions' and he has also filed a memo to that effect. The said memo is recorded.

3. Hence, this Court directed the Registry to print the name of the appellants in the cause-list and posted the matter under the caption 'for dismissal' today i.e., on 07.08.2024. Today also there is no representation on behalf of the appellants either in person or through counsel. This shows that the appellants are not interested in prosecuting the appeal. Hence, this Court has no other option except to dismiss the appeal for non-prosecution. 4.Accordingly, the second appeal is dismissed for nonprosecution. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No Speaking Order : Yes / No 07.08.2024 am

To 1.The Sub-Court, Aruppukottai.

2.The District Munsif Court, Aruppukottai.

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

V.BHAVANI SUBBAROYAN, J.

am 07.08.2024