Madras High CourtSA/452/2003dismissed for nonprosecution

Aathiyappan (Died) v. Kulathur Hindu Nadar

2024-02-28Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P.No.3961 of 2003

1. Aathiyappan (Died) ... Appellant/Appellant/Petitioner

2. Shanmugavadivu

3. Jeyammal

4. Vadivel Madhavan

5. Shamugaraghavan

6. Selvakesavan

7. Subathradevi ... Appellants (Appellants 2 to 7 are impleaded as legal heirs of the deceased first appellant vide order of this Court dated 30.04.2009 made in C.M.P(MD) No.1914 of 2005 in S.A.No.452 of 2003) Vs.

Kulathur Hindu Nadar Uravinmurai Sangam, Represented by its President, Puluthiandavar.

... Respondent/Respondent/Plaintiff PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 25.09.2001 made in A.S.No.16 of 2000 on the file of the Sub Court, Kovilpatti, confirming the judgment and decree dated 19.07.2000 made in O.S.No.22 of 1995 on the file of the learned District Munsif, Vilathikulam. 1/4

For Appellants : No appearance For Respondent : Mr.J.Antony Jesus

JUDGMENT

When the matter was taken up for hearing on 13.02.2024, the learned counsel for the appellants has already filed a Memo stating that he has no instructions from his party. The said Memo was recorded. Hence, this Court directed the Registry to print the name of the appellants in the cause list and posted the matter on 21.02.2024. On that day, the matter was not listed. Thereafter, the matter was taken up for hearing on 22.02.2024. On the said date, even after printing the names of the appellants, there was no representation for the appellants. Hence, the matter was posted on 28.02.2024, under the caption "for dismissal". Even today, there is no representation on the side of the appellants.

2. The learned counsel for the respondent is present before this Court.

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3. In view of the above, the second appeal is dismissed for nonprosecution. No Costs. Consequently, connected Miscellaneous Petition is closed.

28.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1.The Sub Court, Kovilpatti.

2. The District Munsif Court, Vilathikulam.

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

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P.VADAMALAI, J.

ebsi and C.M.P.No.3961 of 2003 28.02.2024 4/4