Sappani v. M.Velusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR 1.Sappani 2.Mookkammal 3.Chandra 4.Eswari Appellants -vs1.M.Velusamy 2.M.Saroja .. Respondents PRAYER: The Second Appeal is filed under Section 100 C.P.C against the Judgment and decree passed in A.S.No.108 of 2001, dated 14.08.2002 passed by the Principal Subordinate Judge, Tenkasi reversing the Judgment and Decree of the District Munsif, Shencottai made in O.S.No.126 of 1993, dated 21.08.2001.

For Appellants :

No appearance For respondent :

No appearance

JUDGMENT

This matter was earlier listed on 10.01.2024. As there was no representation for the appellants, the same was directed to be listed under the caption "for dismissal". In spite of the matter being listed today, under the caption for dismissal, no representation for the appellants in the prelunch or post lunch session.

2. Further, it was brought to the notice of this Court that the as early as on 07.01.2022 that the first appellant passed away. However, no steps are taken as on date and hence, the appeal is already abated so far as the first appellant is concerned.

3. In the circumstances, this Court is left with no other option except to dismiss this appeal for non-prosecution. Accordingly, the Second Appeal is dismissed for non-prosecution. No costs. 23.01.2024 Internet : Yes / No Index : Yes / No trp

To

1. Principal Subordinate Judge, Tenkasi

2. The District Munsif, Shencottai

MUMMINENI SUDHEER KUMAR. J.

trp 23.01.2024