K.R.Rajkumar vs Ardhanari
2021 Latest Caselaw 12471 Mad

                                                           S.A.No.863 of 2009


        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                           DATED : 25.06.2021

                                  CORAM

            THE HONOURABLE MS.JUSTICE P.T.ASHA

                        Second Appeal No.863 of 2009

K.R.Rajkumar
S/o.K.Ramasamy Gounder                                 ... Appellant

                                    Vs.
1.Ardhanari
S/o.Kumara gounder

2.Perumal
S/o.Kumara Gounder

3.Selvakumar
S/o.Ardhanari

4.Thayee @ Marakkal
D/o.Kumara gounder

5.Janakiammal
D/o.Salammal

6.Paulin Vijayakumari
W/o.Nelson

7.Dhanam
W/o.Muthusamy



1/4
                                                            S.A.No.863 of 2009


8.S.Vanaja
W/o.Sami

9.R.Chithamani
W/o.Ranganathan

10.P.Palanivelu
11.P.Kalimuthu
12.Srinivasan
13.P.Radhakrishnan
14.P.Govindaraj
15.P.Rajadurai
(Nos.10 to 15 are sons of
Late Perumal

16.Ranganathan
S/o.Subbarayan

17.Athiammal
D/o.Subbarayan

18.Nagammal
D/o.Subbarayan                                   ... Respondents


      Prayer:- The Second Appeal filed under Section 100 of C.P.C.,
against the judgment and decree dated 08.08.2006 made in A.S.No.119 of
2004 on the file of the Principal District Judge, Salem, confirming the
judgment and decree dated 28.04.2004 made in O.S.No.620 of 1989 on the
file of the Additional Sub Judge, Salem.


             For Appellant     : No Appearance


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                                                                S.A.No.863 of 2009


             For Respondents : R1 & R4 died
                                   R2, 3, 6, 7, 9, 16 to 18 – No Appearance
                                   R5,10 to 15 – served – No Appearance
                                   R8- not ready on notice

                              JUDGMENT

(The case has been heard through video conference)

On 22.06.2021 this Court had passed the following order

“On the last occasion the learned counsel for the appellant had submitted that the parties had settled the matter and that he was withdrawing the Second Appeal, for which he sought time to file a memo. No memo has been filed and neither is there any appearance both on the side of the appellant as well as the respondent. Post the matter under the caption “For Dismissal” on 25.06.2021.”

2.Even though, the matter is listed today under the caption 'for

dismissal', neither the appellant nor his counsel is present to prosecute the

matter. Considering the above, the Second Appeal stands dismissed for non

prosecution. No costs.

25.06.2021 kas

Index : yes / no Internet : yes / no

S.A.No.863 of 2009

P.T.ASHA, J.

kas

To:

1.The Principal District Judge Salem

2.The Additional Sub Judge Salem.

S.A.No.863 of 2009

25.06.2021