Madras High CourtSA(MD)/374/2018dismissed for nonprosecution

Muthu v. Mahira Banu

2025-03-11Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN and CMP(MD)Nos.10413 & 10414 of 2018 1.Muthu 2.Arunthathi 3.Maheswari 4.Shanthi 5.Loganathan 6.Santhanalakshmi 7.Saravanan ... Appellants/Appellants/1st Defendant & Defendants 2 to 7-legal representatives of deceased 2nd Defendant (Since 2nd Defendant Eswariammal died, her husband and children were impleaded as Appellants 1 to 7) Vs 1.Mahira Banu 2.Mohammed Ali ... Respondents/Respondents 1&2/ Plaintiffs 3.The Commissioner, Hindu Relitious & Charitable Endowment, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

... Respondent/Respondent/ 1/4

4th Defendant (3rd Defendant before the lower Court died) PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 16.07.2018 passed in A.S.No.36 of 2013 on the file of the Sub-Court, Ramanathapuram, confirming the judgment & decree passed in O.S.No.236 of 1992 on the file of the District Munsif Court, Ramanathapuram, dated 21.06.2011.

For Appellants : No Appearance For Respondent : Mr.D.Balamurugapandian For R1 and R2 : Mr.M.Muthumanikkam, Government Advocate (Civil Side) for R3

JUDGMENT

When the Second Appeal was taken up for hearing on 06.02.2025, this Court directed the Registry to adjourn the case to 11.03.2025 either for disposal on merits or dismissal after asking convenient date from the learned counsel for the appellant.

2. Today, when the matter came up for hearing, there is no representation for the appellants even the matter was listed under the caption for 'either for disposal on merits or dismissal'. 2/4

3. Accordingly, the Second Appeal is dismissed for nonprosecution. Consequently, the connected CMP(MD)No.10413 of 2018 is closed and CMP(MD)No.10414 is dismissed. There shall be no order as to costs.

11.03.2025 dss NCC : Yes / No Index : Yes / No Internet : Yes / No To 1.The Sub-Court, Ramanathapuram.

2.The District Munsif Court, Ramanathapuram.

3.The Commissioner, Hindu Relitious & Charitable Endowment, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

4.The learned Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4

K.K.RAMAKRISHNAN , J.

dss and CMP(MD)Nos.10413 & 10414 of 2018 11.03.2025 4/4