Madras High CourtSA(MD)/704/2006dismissed for nonprosecution

R.Seenivasa Naicker v. S.Subba Naicker(Died)

2023-09-13Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.09.2023

CORAM

THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY and M.P(MD)No.1 of 2006 R.Seenivasa Naicker ... Appellant -vsS.Subba Naicker (died) 2.S.Rathinammal 3.S.Rajeswari 4.S.Ayyammal 5.S.Vinay Raj 6.S.Padmavathi (R2 to R6 are brought on record as LRs of the deceased sole respondent vide court order dated 25.07.2023 made in MP(MD)No.1 of 2012) ... Respondents PRAYER: Second Appeal filed under Section 100 Code of Civil Procedure against the Judgment and Decree dated 28.11.2005 made in A.S.No.2 of 2005 on the file of the Sub Judge, Sivakasi confirming the Judgment and Decree dated 30.08.2004 made in O.S.No.56 of 2002 on the file of the District Munsif, Sattur.

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For Appellants ... Mrs.Jeesi Jeeva Priya For Respondents ... Mr.B.Rajesh Saravanan (for R2 & R5)

JUDGMENT

When the matter is taken up for hearing today, the learned counsel for the appellants reported no instructions.

2. In view of the above submission, this Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

13.09.2023 NCC : Yes/No Index : Yes/No Internet: Yes skn To:

1.The Sub Judge, Sivakasi.

2.The District Munsif, Sattur.

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

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KRISHNAN RAMASAMY, J.

skn and M.P(MD)No.1 of 2006 13.09.2023 3/3