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Madras High CourtSA(MD)/26/2019dismissed for nonprosecution

Vellaiammal, v. Chellammal,

2023-04-18Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.(MD)No.26 of 2019 and C.M.P(MD)No.1420 of 2019 1.Vellaiammal 2.Piramuammal .... Appellants/Appellants/Plaintiffs Vs.

1.Chellammal 2.Pathirakalliammal ... Respondents/Respondents/Defendants Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 18.06.2018 passed in A.S.No.33 of 2010 on the file of the Sub-Court, Thoothukudi confirming the judgment and decree dated 02.09.2009 passed in O.S.No.408 of 2008 on the file of the Principal District Munsif Court, Thoothukudi. For Appellants : No appearance For Respondents : Mr.G.Mohankumar

J U D G M E N T

The matter is listed under the caption 'for dismissal' today. There is no representation for the appellants. The learned counsel for the respondents is present.

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2. Even on 09.03.2023, the matter was listed under the caption 'for dismissal' on account of non-appearance of the appellant on the previous hearing. Even on the last hearing date on 06.04.2023, the matter was listed under the caption 'for dismissal'. Only on the request made by the learned counsel for the appellants/plaintiffs, the matter has been adjourned to today i.e 18.04.2023 under the very same caption. It can now be inferred that the appellants are not interested in prosecuting this Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. 18.04.2023 Index : Yes/No Internet: Yes/No CM To, 1.The Sub-Court, Thoothukudi

2. The Principal District Munsif Court, Thoothukudi. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 2/3

ABDUL QUDDHOSE, J.

CM S.A.(MD)No.26 of 2019 and C.M.P(MD)No.1420 of 2019 18.04.2023 3/3