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Madras High CourtSA/171/2002dismissed

Pattammal v. Gajendran

2023-08-16Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.08.2023

CORAM

THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY S.A.Nos.171 and 172 of 2002 and C.M.P(MD)No.1344 of 2002 S.A.No.171 of 2002 1.Pattammal 2.Pitchaiammal 3.M.Kandasamy 4.A.Saroja 5.Rajamanickam ... Appellants -vs1.Gajendran 2.Balachandran 3.Thirulokachander 4.Azhagammal 5.Chandra ... Respondents PRAYER: Second Appeal filed under Section 100 Code of Civil Procedure against the Judgment and Decree dated 25.04.2001 made in A.S.No.6 of 2000 on the file of the Sub Judge, Kuzhithalai confirming the Judgment and Decree dated 25.11.1999 made in O.S.No.208 of 1992 on the file of the District Munsif, Kuzhithalai. 1/4

For Appellants ... Mr.K.Chandrasekaran For Respondents ... Mr.K.Govindarajan for R4 S.A.No.172 of 2002 1.Pattammal 2.Pitchaiammal 3.M.Kandasamy 4.A.Saroja 5.Rajamanickam ... Appellants -vsBalachandran 2.Tirulokachander 3.Azhagammal 4.Chandra ... Respondents PRAYER: Second Appeal filed under Section 100 Code of Civil Procedure against the Judgment and Decree dated 25.04.2001 made in A.S.No.5 of 2000 on the file of the Sub Judge, Kuzhithalai confirming the Judgment and Decree dated 25.11.1999 made in O.S.No.204 of 1992 on the file of the District Munsif, Kuzhithalai. For Appellants ... Mr.K.Chandrasekaran 2/4

COMMON JUDGMENT When the matter is taken up for hearing today, the learned counsel for the appellants would submit that the appellants 1 to 3 already passed away and though several reminders have been given to the appellants 4 and 5, they have not responded. Hence, the learned counsel reported "No Instruction".

2. Recording the said submission, these Second Appeals are dismissed as abated in respect of the appellants 1 to 3 are concerned and the Second Appeals are dismissed for non-prosecution in respect of the appellants 4 and 5 are concerned. No costs. Consequently, connected miscellaneous petition is closed 16.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes skn To:

1.The Sub Judge, Kuzhithalai 2.The District Munsif, Kuzhithalai.

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

3/4

KRISHNAN RAMASAMY, J.

skn S.A.Nos.171 and 172 of 2002 and C.M.P(MD)No.1344 of 2002 16.08.2023 4/4