Seshammal, v. Ramachandra Naidu (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR 1.Seshammal 2.Balakrishnan 3.Ashok 4.Sreenivasan 5.Suresh (died) 6.Shanthi 7.Govindammal 8.Jaya 9.Minor Seetharaman 10.Minor Jeyaprakash (The minor appellants represented through their mother and guardian 8th petitioner) (A8 to A10 are brought on record as LRs of the deceased 5th appellant vide Court order, dated 06.10.2020 made in MP(MD).No.1 of 2013) Appellants -vs1.Ramachandra Naidu(died) 2.Govindaraj 3.Ranganayaki Ammal 4.Govindan 5.Arjunan 6.Krishnaveni 7.Padmavathi 8.Kannan

9.Veni 10.Govindammal 11.Seenivasan (R7 to R11 are brought on record as LRs of the deceased 1st respondent vide order of Court, dated 15.10.2008 made in MP(MD).No.3 of 2008) .. Respondents PRAYER: The Second Appeal is filed under Section 100 C.P.C against the Judgment and decree made in A.S.No.64 of 2002, dated 11.10.2002 on the file of the II Additional Subordinate Court, Thirunelveli and reversing the Judgment and decree of the II Additional District Munsiff Court, Thirunelveli made in O.S.No.44 of 1996, dated 09.07.2001. For Appellants :

No appearance For respondents :

No appearance

JUDGMENT

This matter was earlier listed on 09.01.2024 as there was no representation for the appellants and hence, the same was directed to be listed on 11.01.2024 under the caption "for dismissal". When the matter was listed under the caption for dismissal on 11.01.2024 once again there was no representation for the appellants. However, in order to afford an

one more opportunity, finally the matter was directed to be listed on 22.01.2024 under the same caption. Even on 22.01.2024, there was no representation for the appellants. Finally, the matter is listed today under the caption for dismissal. In spite of the same, there is no representation for the appellants either in the pre-lunch session or post-lunch session. As is seen from the records that this Second Appeal is dismissed as against the appellants 7 to 11 as early as on 09.07.2018. In the circumstances, this Court is left with no other option except to dismiss this appeal for non-prosecution.

2. Accordingly, the Second Appeal is dismissed for nonprosecution. No costs. 24.01.2024 Internet : Yes / No Index : Yes / No trp To

1. II Additional Subordinate Court, Thirunelveli.

2. II Additional District Munsiff Court, Thirunelveli

MUMMINENI SUDHEER KUMAR. J.

trp 24.01.2024