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Madras High CourtSA(MD)/319/2017dismissed for nonprosecution

Muthammal v. Sangan

2017-12-18Honourable Mr Justice S. Baskaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.BASKARAN S.A(MD) No.319 of 2017 and C.M.P(MD).No.6823 of 2017 Muthammal ... Appellant/1st Appellant/1st Plaintiff -Vs1.Sangan 2.Kundaveeran 3.Karuppaiah Oorkkavalan(died) 4.Eruli (died) 5.Raman 6.Muthirili 7.Mariammal 8.Pappa 9.Rajendran 10.Rani 11.Malarselvi 12.Pandiyammal ... Respondents/Respondents/Defendants 13.Raman 14.Muthu 15.Subramanian 16.Rakku ... Respondents (Respondent No.14 to 16 are brought on record as Lrs of Deceased R4, vide Court order, dated 11.07.2017 made in M.P.(MD).No.2 & 3 of 2013 in S.A(MD).No.SR10577 of 2010 ) PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure code, against the judgment and decree dated 27.04.2007 in A.S.No.53 of 2006 on the file of the Principal District Judge, Ramanathapuram, confirming the judgment and decree, dated 31.10.2003 in O.S.No.163 of 1998 on the file of District Munsif Court, Paramakudi.

For Appellants : No Appearance For Respondents 5 & 6 : Mr.S.Sivathilakar For Respondents 14 to 16: Mr.A.George Stephenkanikairaj https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

When this Second Appeal was listed on 21.11.2017, since the appellant was absent for several hearings and since the learned counsel for the appellant reported no instructions, notice was ordered. Inspite of notice being served, the appellant has not appear before this Court. The learned counsel for Respondents 5 & 6 and 14 to 16 are present. Hence, this petition is dismissed for non prosecution. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Principal District Judge, Ramanathapuram. 2.The District Munsif, Paramakudi.

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

+One cc to Mr.S.Sivathilakar, Advocate, SR.No.93482 TM RL/5C/2P/JC/SAR1/8.1.2018 S.A.(MD).No.319 of 2017 and C.M.P(MD).No.6823 of 2017 18/12/2017 https://hcservices.ecourts.gov.in/hcservices/