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Madras High CourtSA(MD)/230/2022dismissed for nonprosecution

S.Dhanasekar Died 1. D. Mariselvi v. S.Kanaga Rajamani

2023-03-10Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2023

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE S.Dhanasekar (Died) 1.D.Mariselvi 2.D.Nithya Thanga 3.D.Nandhini Priya 4.D.Subaidha 5.Minor D.Adhithya 6.S.Thangammal ... Petitioners/Proposed Appellants (cause title accepted vide Court order dated 10.02.2022 made in C.M.P. (MD).No.8673 of 2021 in S.A.(MD).SR.No.51123 of 2021.) Vs.

1.S.Kanagar Rajamani 2.K.Anand 3.K.Aravind 4.S.Selvaraj 5.S.Kalidass 6.Pattammal 1/4

7.B.Yesothai 8.S.Nithya

...Respondents/Respondents/Defendants

Prayer: Second Appeal is filed under Section 100 of CPC to set aside the Judgment and Decree in A.S.No.34 of 2018 on the file of the Additional District Judge of Fast Track Court, Theni dated 05.04.2019 and confirming the Judgment and Decree dated 04.09.2017 in O.S.No.134 of 2010 on the file of the Subordinate Judge, Madurai.

For Appellants : No appearance For Respondents : Mr.M.P.Senthil

JUDGMENT

There is no representation on the side of the appellants. As seen from the earlier proceedings on 30.03.2022, 31.03.2022 and 04.04.2022, the appellants have remained unrepresented. In fact, earlier on two occasions, this Court had directed the Second Appeal to be posted for dismissal. Today also, there is no representation on the side of the appellants. 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. There shall be no order as to costs.

10.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 2/4

To 1.The Additional District Judge, Fast Track Court, Theni.

2.The Sub Court, Theni.

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

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ABDUL QUDDHOSE , J.

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