A.S.No.497 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
A.S.No.497 of 2016
1. M.Gokula Priya
2. M.Kiruthiga ... Appellants
Versus
1. S.Manickam
2. P.Yasodai
3. K.Periyasamy ... Respondents
Prayer: Appeal Suit filed under Section 96 r/w order 41 R 1 of the Code of
Civil Procedure to set aside the judgment and decree made in O.S.No.286 of
2009 on the file of the learned II Additional District Judge, Erode, dated
09.10.2015 and allow the above First Appeal.
For Appellants : No Appearance
For R1 : No Appearance
For R2 : Exparte
For R3 : Died (Steps due)
https://www.mhc.tn.gov.in/judis
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A.S.No.497 of 2016
JUDGMENT
The appellants herein are the plaintiffs in O.S.No.286 of 2009 on the file of the learned II Additional District Judge, Erode. They filed the suit for partition which was dismissed by the judgment and decree, dated 09.10.2015, against which, the present Appeal Suit is filed.
2. The Appeal Suit is of the year 2016. Earlier, when this matter came up for hearing on 27.07.2022, the learned Counsel who was appearing for the appellants, namely M/s.S.Chandrasekharan and M/s.R.Bhoovarahamoorthy, reported that they have already given the change of vakalath and therefore, requested that their names may be deleted. On such representation, the Registry was directed to verify whether any change of vakalath is filed on behalf of the appellants and the matter again came up for hearing on 08.09.2022, but, however, there was no representation on behalf of the appellants. However, so as to give one more opportunity, the matter was posted today under the caption "for dismissal".
3. Today also, none appears on behalf of the appellants. Therefore, the Appeal Suit is dismissed for non-prosecution. However, there shall be no order as to costs.
14.09.2022 Index : yes/no Speaking order/Non-speaking order grs https://www.mhc.tn.gov.in/judis 2/4 A.S.No.497 of 2016 To The II Additional District Judge, Erode.
https://www.mhc.tn.gov.in/judis 3/4 A.S.No.497 of 2016 D.BHARATHA CHAKRAVARTHY. J., grs A.S.No.497 of 2016 14.09.2022 https://www.mhc.tn.gov.in/judis 4/4