Aavudaiammal v. Arumuga Pandaram @ Mookkan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.Aavudaiammal 2.Balakrishnan 3.Kalyani 4.Thirumalai ... Appellants / appellants Vs.

1.Arumuga Pandaram 2.Mydeen Pitchai @ Rowther 3.Nainar Pillai ... Respondents / defendants PRAYER: This Second Appeal is filed under Section 100 CPC to set aside the decree and Judgment, dated 12.09.2022 rendered in A.S.No.11 of 1994 on the file of the Subordinate Judge, Ambasamudram confirming the decree and Judgment, dated 31.01.1994 rendered in O.S.No.26 of 1991 on the file of the Principal District Munsif, Ambasamudram. For Appellants : No appearance For 1st respondent : Mr.D. Nallathambi For 2nd respondent : Mr. P. Subramanian 1/5

JUDGMENT

When the matter was came up for hearing on 07.08.2023, it was reported that the third respondent died and hence, the matter has been posted on 24.08.2023 for taking steps to implead the LRs of the deceased third respondent. On 24.08.2023, there was no representation on behalf of the appellants and hence, the matter was directed to be listed today i.e., on 28.08.2023 under the caption " for dismissal".

2. Today, the learned counsel appearing for the appellants submitted that there is no instructions from his clients. It shows that the appellants are not interested in prosecuting the case. In such circumstances, the second Appeal is dismissed for non-prosecution. No costs.

28.08.2023 Index : Yes / No Internet : Yes / No trp 2/5

To

1. The Subordinate Judge, Ambasamudram.

2. The Principal District Munsif, Ambasamudram. 3/5

KRISHNAN RAMASAMY, J., trp 28.08.2023 4/5