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Madras High CourtSA/543/2004dismissed for nonprosecution

Chitravelu v. Karmegam,Ariyakudim Village,

2023-10-12Honourable Mrs Justice R. Kalaimathi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2023

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI and C.M.P(MD)No.4543 of 2004 Chitravelu ... Appellant/Appellant/Plaintiff -Vs1.Karmegam ... Respondent/Respondents/ Defendants 2.Karmegam(Died) 3.R.Balammal 4.R.Lakshmi 5.K.Balamurugan (R3 to R5 are brought on record as LRs of the deceased R2 vide order dated 04/02/2013 in M.P(MD)Nos.1 to 3/11) PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree of the learned Subordinate Judge, Paramagudi, in A.S.No.85 of 2001 confirming the judgment and decree of the District Munsif Court, Paramakudi, in O.S.No.154 of 1995.

For Appellants : No appearance For R1, R3 to R5 : Mr.S.Sivathilakar

J U D G M E N T

Lastly, on 08.07.2011 when the matter came up for hearing, it was posted for taking steps to implead the legal representatives of the deceased second respondent. Thereafter, the matter was listed on 04.10.2023. On that day, there was no representation on behalf of the appellants and the matter was listed on 12.10.2023 under the caption "for dismissal". When the matter is taken up for hearing today, the learned counsel for the respondent Nos.1, 3 to 5 is present. There is no representation on behalf of the appellants. Hence, this Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. 12.10.2023 NCC:Yes/No Index:Yes/No Internet::Yes/No

To 1.The learned Subordinate Judge, Paramagudi.

2.The District Munsif Court, Paramakudi.

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

R. KALAIMATHI ,J.

Ns and C.M.P(MD)No.4543 of 2004 12.10.2023