K.Muthusamy Padayachi vs N.Selvam
2021 Latest Caselaw 15348 Mad

                                                                                     SA No.2039 of 2002

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 30.07.2021

                                                         CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                   SA No.2039 of 2002
                                                          and
                                                  CMP No.14183 of 2003

                     1. K.Muthusamy Padayachi
                     2. M.Anbu
                     3. M.Selvam                                      ...   Appellants

                                                         versus
                     1. N.Selvam
                     2. Chellamuthu Padayachi
                     3. Nallamuthu Padayachi
                     4. Lakshmi                                   …. Respondents
                            Second Appeal filed under Section 100 of Civil Procedure Code
                     against the decree and judgment in A.S. No.185 of 2000 on the file of
                     First Additional District Cum Chief Judicial Magistrate, Salem, dated
                     27.08.2001 confirming the judgment and decree in O.S. No.101/97 on
                     the file of Subordinate Judge, Attur, dated 31.01.2000.
                            For Appellants           : No appearance
                               For Respondents           : Mr.M.Sudhakar for R1

                                                          JUDGMENT

(Heard Video Conference)

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

This Court by it earlier order dated 20.07.2021 recorded the

submission of the learned counsel for the appellants that he reports "no https://www.mhc.tn.gov.in/judis/

SA No.2039 of 2002

instructions" in this matter and thereafter, this Court directed the Registry

to print the name of the appellants in the cause list and post the matter for

hearing on 27.07.2021. On 27.07.2021, the names of the appellants were

printed in the cause list, as directed by this Court. Even on 27.07.2021,

there was no representation on the side of the appellants and thereafter it

was posted today. The names of the appellants are once again printed in

the cause list, today. Even today, there is no representation on the side

of the appellants. The appellants have also not engaged any new counsel

or have they appeared in person before this Court. It can now be inferred

that the appellants are not interested to prosecute this Second Appeal.

Accordingly, the Second Appeal is dismissed for non prosecution. No

costs. Consequently, connected miscellaneous petition is closed.

30.07.2021

Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2

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

SA No.2039 of 2002

To

1. The First Additional District Cum Chief Judicial Magistrate, Salem.

2. The Subordinate Judge, Attur.

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

SA No.2039 of 2002

ABDUL QUDDHOSE, J.

vsi2

SA No.2039 of 2002

30.07.2021

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