Madras High CourtSA/1603/2003dismissed for nonprosecution

Vivekanandan (*) Died v. Siluvaimuthu

2023-07-21Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.Vivekanandan (Died) 2.Chellan (Died) 3.Lekshmi Bai 4.Deepan V.Anand 5.Cindia V.Anand (A3 to A5 bring on record as Legal representatives of the deceased first appellant as per order dated 14.09.2018 in C.M.P(MD)No.3684 of 2018) (Memo recorded as A2 died in C.M.P(MD)No.3684/2018) ... Appellants Vs.

1.Siluvaimuthu (died) 2.Gnanaprakasm 3.Wilson 4.Rajendra Babu 5.The State of Tamil Nadu, rep. by the District Collector, Kanyakumari District,

Nagercoil.

(R2 & R3 are recorded as Lrs of the deceased 1st respondent vide order of the Court dated 21.02.2008) 6.Maria Ronickam 7.Maria Arputham 8.Ganamirtham 9.Maria Pushpam ... Respondents (R6 to R9 are brought on record as Lrs of the deceased 1st respondent vide Order of Court dated 21.02.2008) PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 25.07.2003 made in A.S.No.59 of 2002, on the file of the District Court, Nagercoil, confirming the judgment and decree, dated 02.04.2002 in O.S.No.88 of 1995, on the file of the Sub-Court, Kuzhithurai.

For Appellants : No appearance For R-2 & R-3 : M/s.J.Anandhavalli For R-4 : Mr.K.Govindarajan for M/s.Sarvabhauman Associates For R-6 to R-9 : No appearance

J U D G M E N T

When the matter was taken up for hearing on 19.07.2023, there was no representation for the appellant, hence, the matter was directed to be listed on 21.07.2023 under the caption 'for dismissal'. Today when the matter is taken up for hearing, there is no representation for the appellants. The appeal is of the year 2003. Despite sufficient opportunity given to the appellants, the appellants have not come forward to prosecute the appeal. Therefore, this Second Appeal is dismissed for non-prosecution. No costs. Index : Yes / No Internet: Yes / No Speaking Order : Yes / No 21.07.2023 am

To 1.The District Court, Nagercoil.

2.The Sub-Court, Kuzhithurai.

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

KRISHNAN RAMASAMY, J.

am 21.07.2023