Muthunayagam v. Soloman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.A.No.1743 of 2002 & C.M.P.(MD)Nos.11426 to 11434 of 2018 Muthunayagam ...Appellant vs.

1.Soloman 2.Sobhitharaj 3.Thangaraj 4.Rajamani 5.Thanka Nadar 6.Muthaiyan 7.Nagamani 8.Kamalabai 9.Muthunayagam 10.Chellam 11.Povaz 12.Chellammal 13.Devaraj 14.Kanakaraj 15.Nesayyan 16.Paulraj ... Respondents

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 19.02.2002 in A.S.No. 27 of 1994 on the file of the Subordinate Judge, Padmanabhapuram confirming the Judgment and Decree dated 28.02.1994 in O.S.No.779 of 1983 on the file of the Principal District Munsif, Padmanabhapuram. For Appellant :

Mr.K.Sreekumaran Nair For Respondents :

No appearance

JUDGMENT

When the matter was taken up for hearing on 02.08.2023, the learned counsel appearing for the appellant submitted that he could not contact his client and sought time for getting instructions.

2. Today, the learned counsel for the appellant submitted that he is unable to get instructions from the appellant and the appellant has also not contacted him. Therefore, he reported 'no instructions'.

3. From the above submission, it is clear that the appellant is not interested to prosecute with the appeal. In view of the same, the Second

Appeal is dismissed for non - prosecution. No costs. Consequently the connected Miscellaneous Petitions are closed. 22.08.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Subordinate Judge, Padmanabhapuram 2.The Principal District Munsif, Padmanabhapuram 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 22.08.2023