Ramathal (Died) vs Shanmugam (Died)
2021 Latest Caselaw 24955 Mad

                                                                            A.S. Sr. No.1698 of 2018
                                                                        and C.M.P. No.17470 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 17.12.2021

                                                      CORAM:

                                   THE HONOURABLE MR. JUSTICE S.S.SUNDAR

                                              A.S. Sr. No. 1698 of 2018
                                            and C.M.P. No.17470 of 2018

                    C.M.P. No.17470 of 2018
                    in A.S.Sr.No.1698 of 2018

                    Ramathal (Died)

                    2. Valliammal
                    3. Santhamani                                               .. Appellants

                                                         Vs.

                    Shanmugam (Died)

                    2. Chandrasekar
                    3. Duraisamy
                    4. Maruthachalam                                              .. Respondents

                    (Appellants 2 & 3 and fourth respondent are brought on record as Legal
                    Representatives of the deceased sole appellant vide order dated 23.09.2021
                    made in C.M.P. No.5730 of 2020 in C.M.P. No.1740 of 2018 in
                    A.S.Sr.No.1698 of 2018)


                            Civil Miscellaneous Petition filed under Order 41 Rule 3A C.P.C., to

                    condone the delay of 718 days in filing the first appeal.


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https://www.mhc.tn.gov.in/judis
                                                                             A.S. Sr. No.1698 of 2018
                                                                         and C.M.P. No.17470 of 2018



                                      For Petitioners            :   No appearance
                                      For Respondents            :   No appearance


                    A.S. Sr. No.1698 of 2018

                    Ramathal (Died)

                    2. Valliammal
                    3. Santhamani                                                .. Appellants

                                                           Vs.

                    Shanmugam (Died)

                    2. Chandrasekar
                    3. Duraisamy
                    4. Maruthachalam                                                 .. Respondents

                    (Appellants 2 & 3 and fourth respondent are brought on record as Legal
                    Representatives of the deceased sole appellant vide order dated 23.09.2021
                    made in C.M.P. No.5730 of 2020 in C.M.P. No.1740 of 2018 in
                    A.S.Sr.No.1698 of 2018)


                             Appeal Suit filed under Section 96 C.P.C. to set aside the decree and

                    judgment dated 25.04.2017 in O.S. No.466 of 2011 on the file of the I

                    Additional District Judge at Coimbatore.


                                      For Appellants             :   No appearance
                                      For Respondents            :   No appearance



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https://www.mhc.tn.gov.in/judis
                                                                          A.S. Sr. No.1698 of 2018
                                                                      and C.M.P. No.17470 of 2018

                                                       ORDER

When the matter was called on 16.12.2021, there was no

representation on behalf the petitioners / appellants. Hence, this Court

directed the Registry to post the matter under the caption “For dismissal”

on 17.12.2021. Though the matter was listed today under the caption “For

dismissal” and the name of the parties are being printed in the cause list,

there is no representation for the appellants / petitioners. Hence, this

Court has no other option but to dismiss this petition for non-prosecution

and the same is dismissed for non-prosecution. Consequently, the above

appeal is rejected at the Sr. stage itself.

17.12.2021 Index: Yes / No Speaking order / Non speaking order

bkn

https://www.mhc.tn.gov.in/judis A.S. Sr. No.1698 of 2018 and C.M.P. No.17470 of 2018

S.S.SUNDAR, J.,

bkn Copy to:

The Principal District Judge, Namakkal.

A.S. Sr. No. 1698 of 2018 and C.M.P. No.17470 of 2018

17.12.2021

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