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Madras High CourtSA(MD)/3/2017dismissed for nonprosecution

K.Mariappan, v. K.Kannadasan,

2019-03-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM

THE HONOURABLE MRS. JUSTICE NISHA BANU SECOND APPEAL (MD) No.3 of 2017 and C.M.P.(MD).No.35 of 2017 K.Mariappan ... Appellant / Appellant/1st Defendant Vs.

1.K.Kannadasan 2.Renukadevi 3.Chandrakala .. Respondents 1 to 3 /Respondents / Plaintiffs Kanagavel (died) 4.Mala 5.Minor Suruthi (5th respondent represented by her mother and natural guardian - 4th respondent herein) ... Respondents 4 & 5/ Respondents /Defendants PRAYER: Appeal filed under Section 100 of C.P.C., against the judgment and decree, dated 05.07.2014, passed in A.S.No.41 of 2010 by the I-Additional District Court, Madurai, confirming the judgment and decree, dated 18.04.2005 passed in O.S.No.783 of 2002 by the IIAdditional Subordinate Court, Madurai. For appellant ...

No appearance For respondents ...

Mr.S.Malaikani

JUDGMENT

When the matter came up for hearing on 08.03.2019, there was no representation for the appellant and hence, the matter was directed to be listed today ie., on 15.03.2019 under the caption "for dismissal". Even today, there is no representation for the appellant. It appears that the appellant is not interested in prosecuting the matter further. Hence, this second appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CO) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The I-Additional District Judge, Madurai 2.The II-Additional Subordinate Judge, Madurai. Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.2copies 1 CC to M/s.S.MALAIKANI, Advocate ( SR-54471[F] dated 15/03/2019 ) S.A.(MD) No.3 of 2017 DS/ /SAR- (29.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/