R.Saroja vs C.Manickavasagam Pillai (Died)

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 28.06.2022

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                              A.S.No.357 of 1996

                     R.Saroja                                      ... Appellants

                                                     Vs.


                     1.C.Manickavasagam Pillai (died)
                     2.C.Krishnan
                     3.Thamarai Selvan alias Gopal
                     4.Meenakshi Ammal
                     5.A.R.Chokkalingam
                     6.A.R.Chellappa
                     7.A.R.Bhaskaran
                     8.A.R.Rajasekaran
                     9.Murugan
                     10.Natarajan
                     11.Pandi
                     12.Sethu Ammal
                     13.Mahadeva Iyer
                     14.Velammal
                     15.Thamizharasi
                     16.Koolu alias Periyakaruppan

                     1/4
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                     17.Venkatachalam


                     (Respondents 3, 5 to 8, 14 and 15 are recorded
                      as Lrs of the deceased first respondent vide
                     memo in USR No.4510 dated 21.09.2016
                     vide Court order dated 06.09.2016 made
                      in A.S.No.357 of 1996)

                                                                          ... Respondents

                     PRAYER: Appeal Suit filed under Section 96 of Civil Procedure Code,

                     to set aside the judgment and decree dated 31.01.1995 passed in O.S.No.

                     1 of 1994 on the file of the District Court, Sivaganga.


                                      For Appellant          : No appearance

                                      For Respondents        : No appearance


                                                        JUDGMENT

************ This Court, by an order dated 08.06.2022,dismissed the appeal against the respondents 2, 15 and 17, since no steps have been taken for the deceased respondents 15 and 17 and batta was not paid for the second respondent and further directed the Registry to list the matter today for arguments.

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2.Today, when the matter is taken up for hearing, there is no representation on behalf of the appellant. Despite of opportunity being given to the appellant, the appellant is not ready to prosecute the appeal.

It shows that the appellant does not have interest to pursue the appeal.

Since the appeal is pending from the year 1996, this Court has no other option except to dismiss the appeal. Accordingly, this Appeal is dismissed for non prosecution. No costs.

28.06.2022 Index:Yes Internet:Yes cp To

1.The District Judge, Sivaganga.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis P.VELMURUGAN,J.

cp A.S.No.357 of 1996 28.06.2022 4/4 https://www.mhc.tn.gov.in/judis