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Madras High CourtSA/1602/2003dismissed for nonprosecution

Papayee,W/O.Late Nachimuthu v. Nachimuthu

2023-08-21Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.Papayee 2.Ramasamy 3.Kaliappan 4.Rasammal ...Appellants vs.

Nachimuthu ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 26.03.2003 in A.S.No. 90 of 2001 on the file of the Additional District Judge cum Chief Judicial Magistrate, Karur reversing the Judgment and Decree dated 17.08.2001 in O.S.No.750 of 1984 on the file of the District Munsif Court, Karur. For Appellants :

No appearance For Respondent :

No appearance

JUDGMENT

No representation for the appellants as well as the respondent.

2. The sole respondent passed away as early as on 30.09.2007 and the petitioners have filed a petition to bring on record the legal representatives of the deceased sole respondent. Since the appellants have not effectively prosecuted that petition, it came to be dismissed for non-prosecution today.

3. In view of the above, the Second Appeal is dismissed as abated. No costs.

21.08.2023 (2/2) NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Additional District Judge cum Chief Judicial Magistrate, Karur 2.The District Munsif, Karur 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 21.08.2023 (2/2)