Madras High CourtSA(MD)/365/2017dismissed for nonprosecution

Sivathapandi v. Petchiammal

2022-06-21Honourable Mr Justice B.Pugalendhi2 pages

S.A(MD)No.365 of 2017 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2022 C O R A M THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.A(MD)No.365 of 2017 and CMP(MD)No.7706 of 2017 1.Sivathapandi 2.Muthumadasamy 3.Paulmurugan 4.Karupasamy ...Appellants / Respondents / Defendants Vs.

1.Petchiammal 2.Dhanalakshmi 3.Subramanian 4.Deivakani 5.Ganesan 6.Velraj ...

Respondents / Appellants/ Plaintiff PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, to set aside the judgment and decree dated 14.03.2014 in A.S.No.33 of 2012 on the file of the Subordinate judge, Kovilpatti in reversing the judgment and decree dated 14.10.2011 made in O.S.No.9 of 2009 on the file of the District Munsif Court, Vilathikulam pending disposal of the second appeal. For Appellant : No appearance For Respondent : Mr.G.Prabhu Rajadurai No.1 For Respondent : Mr.Siva Thilagar Nos.3,5 & 6

JUDGMENT

It is seen from records that on 07.09.2017, the learned Counsel for the appellants reported no instruction and hence, this Court ordered notice to the appellants. Accordingly notice was served on the appellants. Despite, there was no representation for the appellants on 16.06.2022, when the appeal was taken up for hearing. Therefore, the appeal was directed to be listed under the caption for dismissal.

2.Even today, despite the appeal being listed under the caption for dismissal and the appellants' names being printed in the cause list, there is no representation for the appellants. 3.In view of the above, this second appeal is dismissed for https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A(MD)No.365 of 2017 and default. No costs. Consequently, connected miscellaneous petition also stands dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // /07/2022 Sub Assistant Registrar(CS) Dsk To 1.The Sub Judge, Kovilpatti.

2.The District Munsif, Vilathikulam 3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC to M/s.G. PRABHU RAJADUAI, Advocate ( SR-27382[F] dated 22/06/2022 ) S.A(MD)No.365 of 2017 21.06.2022 RD(06.07.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2