Madras High CourtSA(MD)/74/2017dismissed for nonprosecution

Karuppaiah v. Irulappan

2023-04-26Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and C.M.P.(MD)No.1418 of 2017 1.Karuppaiah 2.Sundarraj ... Appellants /Vs./ 1.Irulappan 2.Periyasamy 3.Mayalagu 4.Mani ... Respondents P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree passed in A.S.No.24 of 2010, on the file of the Sub Court, Sivagangai, dated 27.09.2021 confirming the judgment and decree passed in O.S.No.50 of 2006 on the file of the District Munsif, Sivagangai, dated 06.01.2010. 1/4

For Appellant : No appearance For Respondents : Mr.S.Srinivasaraghavan (R1 & R2) No appearance (R4) Notice returned (R3)

JUDGMENT

This matter is listed under the caption 'For Dismissal' today. There is no representation on the side of the appellants once again.

2. Even on the last hearing date, ie., on 19.04.2023, there was no representation on the side of the appellants. This Second Appeal is of the year 2017. It can now be inferred that the appellants are not interested in prosecuting the Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 26.04.2023 Index : Yes / No NCC : Yes / No 2/4

TO:

1.The Sub Court, Sivagangai.

2.The District Munsif, Sivagangai.

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

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ABDUL QUDDHOSE, J.

Sm Judgment made in Dated:

26.04.2023 4/4