← Library
Madras High CourtSA(MD)/649/2024dismissed for nonprosecution

S.Nagadevi v. S.Mohan

2024-11-11Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2024

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.A.(MD)Nos.649 & 650 of 2024 & C.M.P.(MD)Nos.15805 & 15806 of 2024 S.A.(MD)No.649 of 2024 1.S.Nagadevi 2.S.Maruthapandi 3.S.Malathi ...Appellants vs.

S.Mohan

...Respondent

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure praying to set aside the decree and Judgment in A.S.No.31 of 2021 dated 17.07.2023 passed by the I Additional Subordinate Judge, Madurai District confirming the decree and Judgment of the learned Principal District Munsif, Madurai Town, Madurai District dated 22.04.2021 in O.S.No.665 of 2012, decreeing the suit having been filed by the appellant / appellant / plaintiff for the relief of permanent injunction.

S.A.(MD)No.650 of 2024 S.Malathi ...Appellant vs.

S.Mohan

...Respondent

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure praying to set aside the decree and Judgment in A.S.No.30 of 2021 dated 17.07.2023 passed by the I Additional Subordinate Judge, Madurai District confirming the decree and Judgment of the learned Principal District Munsif, Madurai Town, Madurai District dated 22.04.2021 in O.S.No.251 of 2011.

In both appeals, For Appellants :

No appearance For Respondent :

Mr.B.Rooban C O M M O N J U D G E M E N T When the appeals were taken up for hearing on 07.11.2024, the learned counsel who was on record for the appellants in both the appeals submitted that she has given change of vakalath. Therefore, this Court directed the Registry to delete the name of the learned counsel on record for the appellants and print the name of the appellants in the cause list.

Accordingly, the names of the appellants were printed in the cause list today.

2. However, when the matter is called today, there is no appearance on behalf of the appellants in both the appeals, which shows that the appellants have no interest in prosecuting the appeals.

3. In view of the same, the Second Appeals are dismissed for nonprosecution. No costs. Consequently, the connected Miscellaneous Petitions are closed.

11.11.2024 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The I Additional Subordinate Judge, Madurai District.

2.The Principal District Munsif, Madurai Town, Madurai District.

KRISHNAN RAMASAMY , J.

mbi 11.11.2024