Palaniswamy vs Kondappa Naicker
2021 Latest Caselaw 25042 Mad

                                                                            S.A.No.367 of 2004

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated 20.12.2021

                                                        CORAM

                                   THE HONOURABLE Mrs. JUSTICE J.NISHA BANU

                                            Second Appeal No. 367 of 2004
                                              and CMP No.2470 of 2004

                     1.Palaniswamy
                     2.Muthusamy Naicker
                     3.Thangavelu                                             .. Defendants/
                                                                             Appellants/Appellants
                                                             Vs
                     1.Kondappa Naicker
                     2.Palaniammal
                     3.Minor Palanisamy
                     4.Minor Velu
                     5.Minor Sathish                                          .. Plaintiffs/
                     ( Minor Respondents 3 to 5                          Respondents/ Respondents
                      are rep.by mother and natural
                      guardian Palaniammal)

                     Prayer: Second Appeal is filed against the judgment and decree of the
                     Subordinate Judge's Court Namakkal made in A.S.No.55 of 2000, dated
                     28.08.2003, confirming the judgment and decree of the principal District
                     Munsif's Court, Namakkal made in O.S.No.133 of 2998, dated
                     29.11.1999.
                                      For Appellant        ...   No appearance
                                      For Respondent       ...   No appearance



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https://www.mhc.tn.gov.in/judis
                                                                            S.A.No.367 of 2004

                                                      JUDGMENT

When the second appeal was listed on 10.12.2021, there was no

representation on behalf of the appellants. It was represented by the

learned counsel for the respondents that appellants 1 and 2 died and no

steps have been taken by the side of the appellants and hence, the second

appeal was directed to be listed on 14.12.2021. On 14.12.2021 also,

there was no representation on behalf of the appellants and hence, it was

directed to be listed on 16.12.2021. When the matter again listed on

16.12.2021, since there was no representation on behalf of the appellants,

the matter was directed to be listed under the caption, 'for dismissal'.

2. Today even though the appeal is listed under the caption 'for

dismissal', neither the learned counsel for the appellants nor the learned

counsel for the respondents is present to prosecute the appeal.

Accordingly, this Second appeal is dismissed for non-prosecution. No

costs. Consequently connected Miscellaneous Petition is closed.

20.12.2021

RR

https://www.mhc.tn.gov.in/judis S.A.No.367 of 2004

To

1. The Principal District Munsif's Court, Namakkal.

2. The Subordinate Court Namakkal.

3. V.R. Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis S.A.No.367 of 2004

J.NISHA BANU, J.

RR

S.A.No.367 of 2004

20.12.2021

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