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Madras High CourtSA/567/2002dismissed for nonprosecution

S.John Thambiraj,S/O.J.Sowri- v. Chennaiyan(Died)

2023-11-22Honourable Mrs Justice R. Kalaimathi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI S.A.No. 567 of 2002 and C.M.P(MD)No.4685 of 2002 S.John Thambiraj ... Plaintiff/Appellant/Appellant -Vs1.Chennaiyan(Died) ... Defendant/ Respondent/ Respondent 2.Chandra 3.Shakthi Saranya 4.Krishna Sathya 5.Krishna Sneha (R2 to R5 are brought on record as LRs of the deceased sole respondent vide Court order dated 04.12.2020) PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the decree and judgment, dated 16.08.2001 made in A.S.No. 103 of 1999 on the file of the Subordinate Court, Tuticorin, confirming the

decree and judgment, dated 29.01.1999 in O.S.No.413 of 1995 on the file of the Additional District Munsif Court, Tuticorin. For Appellant : No appearance For R2 to R5 : Mr.H.Arumugam For R1 : Died

JUDGMENT

Already a memo, dated 31.10.2023 was filed by the learned counsel for the appellant stating that he reports "no instruction". The respondent Nos.2 to 5 are represented through their counsel. Hence, this Second Appeal stands dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. 22.11.2023 NCC:Yes/No Index:Yes/No Internet::Yes/No

To 1.The Subordinate Court, Tuticorin.

2.The Additional District Munsif Court, Tuticorin.

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

R. KALAIMATHI ,J.

Ns S.A.No. 567 of 2002 and C.M.P(MD)No.4685 of 2002 22.11.2023