Madras High CourtSA(MD)/404/2006dismissed for nonprosecution

Rajendran v. Kamatchiapillai

2024-10-18Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P(MD)Nos.3305 & 3306 of 2006 S.A(MD)No.404 of 2006 Rajendran ... 1st Defendant/Appellant/ Appellant Vs.

1.Kamatchiapillai 2.Ramasami (Died) 3.Kaleeswaran 4.Subramanian 5.Ammal 6.Ganapathi 7.Ponnuchami 8.Muthumari ... Plaintiffs 3 to 10/Respondents/ Respondents 9.Raju 10.Chellammal ... Defendants 2 & 3/Respondents/ Respondents (Respondents 9 & 10 remained ex-parte in both the trial & appellate Court) 11.R.Santhosh 12.R.Selvaganesh 13.R.Ramakrishnan (R11 to R13 are brought on record as LRs of the deceased R2 vide order dated 21.07.2010) 1/5

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 21.02.2005 made in A.S.No.120/2002, on the file of the Sub-Court, Sivagangai partly modified the judgment and decree of the Principal District Munsif Court, Manamadurai in O.S.No.150/1995, dated 19.04.2002 in sofar as it is against the appellant. S.A(MD)No.405 of 2006 Rajendran ... 1st Defendant/1st Respondent/ Appellant Vs.

1.Kamatchiapillai 2.Ramasami (Died) 3.Kaleeswaran 4.Subramanian 5.Ammal 6.Ganapathi 7.Ponnuchami 8.Muthumari ... Plaintiffs 3 to 10/Appellants/ Respondents 9.Raju 10.Chellammal ... Defendants 2 & 3/Respondents/ Respondents (Respondents 9 & 10 remained ex-parte in both the trial & appellate Court) (Respondents 1 to 6 were impleaded as LRs of the second plaintiff and Respondents 7 & 8 as the LRs of the first plaintiff in the Trial Court) 2/5

11.R.Santhosh 12.R.Selvaganesh 13.R.Ramakrishnan (R11 to R13 are brought on record as LRs of the deceased R2 vide order dated 21.07.2010) Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 21.02.2005 made in A.S.No.30/2003, on the file of the Sub-Court, Sivagangai modified the judgment and decree of the Principal District Munsif Court, Manamadurai in O.S.No.150/1995, dated 19.04.2002.

For Appellant : No appearance For Respondents : No appearance COMMON JUDGMENT When the matters were taken up for hearing on 17.10.2024, the learned counsel appearing for the appellant has filed a memo stating that the letter sent to the appellant was returned with an endorsement "deceased" and reported no instruction. Therefore, this Court directed the Registry to print the name fo the appellant in the cause list.

2. Today, when the matters are taken up for hearing, even though the name of the appellant has been printed in the cause list, there is no 3/5

representation on behalf of the appellant and the same clearly indicates that the appellant has not shown any interest to prosecute the appeals any further. Hence, the Second Appeals are dismissed for non-prosecution. No costs. 18.10.2024 NCC : Yes/No Index : Yes/No am To 1.The Sub-Court, Sivagangai.

2.The Principal District Munsif Court, Manamadurai 3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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V.BHAVANI SUBBAROYAN, J.

am Judgment made in 18.10.2024 5/5