Nagavalli vs Y.Jayaraman
2021 Latest Caselaw 1985 Mad

                                                                                  S.A.No.439 of 2020, dt.29.01.2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 29.01.2021

                                                         CORAM :

                         THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
                                                     S.A.No.439 of 2020

                1.Nagavalli
                2.Baskaran
                3.Sivasuryan
                4.Mohan                                                               ... Appellants
                                                             Versus

                Krishna Achari (Deceased)

                1.Y.Jayaraman
                2.R.Uma
                3.Ajith Kumar                                                         ... Respondents


                                   Second Appeal filed under Section 100 of Code of Civil Procedure,
                to set aside the Judgment and Decree dated 17.02.2020 passed in A.S.No.8 of
                2018 on the file of the Sub-Court, Nagapattinam and confirming the Judgment
                and Decree dated 03.03.2018 in O.S.No.79 of 2014, on the file of the District
                Munsif Court at Nagapattinam.


                                            For Appellants      : No Appearance

                                            For Respondents     : Mr.D.Rajagopal (for R1)

                                                                : No Appearance (for R2 & R3)



https://www.mhc.tn.gov.in/judis/
                                                                                  S.A.No.439 of 2020, dt.29.01.2021


                                                                        KRISHNAN RAMASAMY, J.

                                                                                                              klt
                                                          JUDGMENT

Today, the matter is listed under the caption “for dismissal” as there

was no representation for the appellants in the previous hearing.

2.It is seen from the docket orders that even on the previous hearing

dated 04.01.2021, 19.01.2021 and 22.01.2021, the matter was posted for the

same reason that there was no representation for the appellants as well as the

respondents. Therefore, this Court directed the Registry to list the case under

the caption “for dismissal” on 29.01.2021. Inspite of the case being listed

under the caption “for dismissal” today, none appeared for the appellants and

for the respondents 2 and 3. The very same state of affairs continues till date. It

shows that the appellants as well as respondents are not interested to prosecute

this case. Accordingly, the Second Appeal is dismissed for non prosecution.

However, there shall be no order as to costs.

29.01.2021 klt

To

1.The Sub-Court, Nagapattinam

2.The District Munsif Court, Nagapattinam.

S.A.No.439 of 2020

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