Muthaiyan vs Saroja
2021 Latest Caselaw 24064 Mad

                                                                                      S.A.No.100 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 07.12.2021

                                                  CORAM
                                  THE HONOURABLE MR.JUSTICE R. PONGIAPPAN

                                                  S.A.No.100 of 2010
                                                         and
                                                   M.P.No.1 of 2010


                  Muthaiyan                                                 .. Appellant

                                                               Vs
                  1.Saroja
                  2.Narayanasamy
                  3.Sanmugham
                  4.Senthil
                  5.Selvi                                                   .. Respondents

                  Prayer : The Second Appeal is filed under Section 100 of C.P.C. against
                  the judgment and decree dated 29.10.2009 made in A.S.No.92 of 2008
                  on the file of the Subordinate Judge, Mayiladuthurai, confirming the
                  judgment and decree dated 23.06.2008 made in O.S.No.86 of 2006 on
                  the file of Additional District Munsif, Mayiladuthurai.


                                  For Appellant            :        No appearance

                                  For Respondents-4       :         Mr.S.Sounthar

                                  For Respondents
                                  1, 2, 3 & 5             :         Not ready in notice


                                                        JUDGMENT

On perusal of records, it appears that the matter has been

repeatedly adjourned for taking steps to implead the legal

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S.A.No.100 of 2010

representatives of the deceased sole appellant. Earlier, on 29.11.2021,

when this appeal was taken up for hearing, the learned counsel for the

appellant appeared before this Court and reported “No instructions”

from the appellant. Hence, the Registry was directed to print the name

of the appellant in the cause-list and to list the matter under the

caption 'For Dismissal' on 02.12.2021. Accordingly, the case was listed

today under the caption 'For dismissal'.

2. Even today (07.12.2021), though the name of the appellant is

printed in the cause-list, there is no representation on behalf of the

appellant either in person or through counsel. The learned counsel

appearing for the fourth respondent alone is present.

3. In view of the above, this Second Appeal is dismissed as

abated. No costs. Consequently, connected miscellaneous petition is

closed.

07.12.2021

Internet : Yes/No Index : Yes/No rsi

https://www.mhc.tn.gov.in/judis

S.A.No.100 of 2010

To

1.The Subordinate Judge, Mayiladuthurai

2.The Additional District Munsif, Mayiladuthurai.

https://www.mhc.tn.gov.in/judis

S.A.No.100 of 2010

R. PONGIAPPAN, J.

rsi

S.A.No.100 of 2010 and M.P.No.1 of 2010

07.12.2021

https://www.mhc.tn.gov.in/judis