Ponnusamy Chettiar (Died) vs Poolaga Chettiar (Died)
2021 Latest Caselaw 14215 Mad

                                                                           S.A. No.859 of 1995

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 15.07.2021

                                                     CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                S.A. No.859 of 1995

                     Ponnusamy Chettiar (Died)
                     2. Sasikala
                     3. Jayanthi
                     4. Mohan
                     5. Yesodai
                     6. Jikki
                     7. P. Durairaj
                     8. T. Kumutha
                     9. Sumathi
                     10. Purushothaman                                .... Appellants
                                                     Versus
                     1. Poolaga Chettiar (Died)
                     2. Thangarasu Chettiar (Died)
                     3. Ramasami Chettiar (Died)
                     4. Panduranga Chettiar (Died)

                     ** 5. Rathinambal
                     6. Rajamaniammal
                     7. Mallika
                     8. Gunasekaran
                     9. Sampath
                     10. Vimala
                     ***11. Dhanalakshmiammal
                     12. Sivakumar
                     13. Padma
                     14. Tamilselvi
                     **** 15. Ramanjuam
                     ***** 16. Saroja
                           17. Dhandapani
https://www.mhc.tn.gov.in/judis/
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                                                                            S.A. No.859 of 1995

                               18. Sarala
                               19. Giri
                               20. Ashok
                               21. Bharathi                           .... Respondents

                     *  Appellants 2 to 10 brought on record as
                          LRs of the deceased sole appellant
                          viz., Ponnusamy Chettiar vide order
                          of the Court dated 31.07.2019 made
                          in CMP Nos.447, 449 and 452 of 2012
                     ** RR5 to 10 brought on record as LRs of the
                          deceased 1st respondent viz., Poologa Chettiar
                          vide order of Court dated 31.07.2019
                          made in CMP Nos.2580 to 2582 of 2007
                     *** RR 11 to 14 brought on record as LRs of the
                          deceased 2nd respondent viz., Thangarasu Chettiar
                          vide order of Court dated 31.07.2019 made
                          in CMP Nos.705 to 707 of 2010.
                     **** Respondent 15 brought on record as LR of the deceased
                          3rd respondent viz., Ramasami Reddiar vide
                          order of court, dated 31.07.2019 made in
                          CMP No.708 of 2010.
                     ***** RR16 to 21 brought on record as LRs of the deceased
                             4th respondent viz., Panduranga Chettiar vide order of
                            Court dated 31.07.2019 made in
                            CMP Nos.709 to 710 of 2010.

                           Second Appeal filed under Section 100 of the Civil Procedure
                     code, against the judgment and decree in A.S. No.4 of 1993 on the file of
                     the Sub-Judge, Villupuram, dated 14.08.1995 reversing the judgment and
                     decree in O.S. No.689 of 1984 on the file of the District Munsif Court,
                     Thirukoilur dated 21.07.1992.

                     For Appellants           : M/s.A.R. Nixon

                     For Respondents          : M/s.V. Raghavachari
                                                for R6, 8, 9 to 12
                                                R5, 7, 13 to 21 - Refused
                                                vide in CMP No.447 of 2019
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                                                                                 S.A. No.859 of 1995

                                                        JUDGMENT

(Heard video conference)

The matter is listed under the caption "for dismissal", today.

2. The learned counsel for the appellants once again seeks a short

accommodation. On the last hearing date i.e. on 07.07.2021 there was no

representation on the side of the appellants. As seen from the earlier

proceedings, the learned counsel for the appellants has been repeatedly

seeking adjournments. The Second Appeal is of the year 1995. No

further indulgence can be shown to the appellants in view of the repeated

adjournments sought . It can now be inferred that the appellants are not

interested to prosecute the Second Appeal. Accordingly, the Second

Appeal is dismissed for non prosecution. No costs.

15.07.2021

Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order

vsi2

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

S.A. No.859 of 1995

ABDUL QUDDHOSE, J.

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To

1. The Sub-Judge, Villupuram.

2. The District Munsif Court, Thirukoilur

S.A. No.859 of 1995

15.07.2021

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