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Madras High CourtSA(MD)/178/2022dismissed for nonprosecution

Raju (Died), 1. Kanniammal, v. Sellappan,

2024-11-20Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2024

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.A.(MD)No.178 of 2022 & C.M.P.(MD)No.2092 of 2022 Raju (died) 1.Kanniammal 2.Thenmozhi 3.Baby 4.Pothumponnu 5.Minor Anjali 6.Minor Durga ...Appellants (Minors 5 and 6 are represented by their mother and guardian first respondent - Kanniammal) vs.

1.Sellappan 2.Kamalam

...Respondents

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure praying to set aside the Judgement and Decree in A.S.No.14 of 2013 on the file of the Sub Judge, Kulithalai dated 28.01.2020 reversing the Judgment and Decree passed in O.S.No.190 of 2007 on the file of the learned District Munsif Court, Kulithalai dated 23.08.2011.

For Appellants :

No appearance For Respondents :

Mr.N.Mohan for R1 No appearance for R2 J U D G E M E N T When the matter was taken up for hearing on 15.11.2024, there was no representation for the appellants. Hence, at the request of the learned counsel for the respondents, this matter was directed to be listed today i.e., on 20.11.2024 under the caption 'for dismissal'. Accordingly, the matter is listed today.

2. Today also, when the matter is taken up for hearing, there is no representation for the appellants. In view of the same, this Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is closed.

20.11.2024 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Sub Judge, Kulithalai 2.The District Munsif, Kulithalai

KRISHNAN RAMASAMY , J.

mbi 20.11.2024