T. Sakunthala, v. V. Vellaisamy,(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022 CORAM : JUSTICE N.SESHASAYEE and M.P.(MD) No.1 of 2014 T.Sakunthala ... Appellant/Appellant/ Plaintiff Vs 1.V.Vellaisamy (Died) 2.The State of Tamil Nadu, Rep., by the District Collector, Pudukkottai District.

... Respondents 1 & 2/ Respondents/Defendants 3.Veerammal 4.Veerappan 5.Chitra ... Respondents 3 to 5 [Respondents 3 to 5 were brought on record as LRs of the deceased 1st respondent vide order dated 23.09.2020 made in C.M.P.(MD) No.6433 of 2016 in S.A.(MD) No.929 of 2014] Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 30.04.2014 made in A.S.No.15 of 2013 on the file of the Principal District Court, Pudukkottai, confirming the judgment and decree dated 04.03.2011 made in O.S.No.12 of 2007 on the file of the District Munsif's Court, Aranthangi.

For Appellant :

Mr.AL.Kannan For Respondents :

Mr.Vilavan Gothai Additional Govt. Pleader for R2 :

Mr.K.Baalasundharam for R4

J U D G M E N T

This matter is listed today under the caption 'notice section default cases'.

2. On 02.11.2022, this Court directed the appellant to take notice on respondents 3 to 5 and file proof of service. Till date no proof of service has been filed regarding respondents 3 and 5, which shows that the appellant is not interested in prosecuting the appeal, which is of the year 2014. Hence, this Court is constrained to dismiss the appeal. Accordingly, this Second Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is dismissed.

17.11.2022 Internet:Yes Index:Yes/No abr

To 1.The Principal District Judge, Pudukkottai.

2.The District Munsif, Aranthangi.

3.The District Collector, Pudukkottai District.

4.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

N.SESHASAYEE, J.

abr 17.11.2022