M/S.Nellai Uma Chit Funds (P) Ltd vs Smt.Y.Ebenezar Ammal (Died)
2022 Latest Caselaw 13644 Mad

                                                                             A.S(MD)No.42 of 2005


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 01.08.2022

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                             A.S (MD)No.42 of 2005
                                                     and
                                              M.P(MD)No.1 of 2009
                                                     and
                                           C.M.P(MD)Nos.4046 of 2022
                                                     and
                                            C.M.P(MD)No.93 of 2021

                     M/s.Nellai Uma Chit Funds (P) Ltd.,
                     Company, through its Managing
                     Director A.Ayyasamy,
                     S/o.A.Arunagiri,
                     14, Perumal North Car Street,
                     Tirunelveli-627 001.                     ... Plaintiff/Appellant

                                                     Vs.

                     1.Smt.Y.Ebenezar Ammal (Died)
                     2.Y.Dhanapal
                     3.S.D.Selvi
                     4.M.Kanagaraj                           ... Defendants/Respondents
                     5.K.Rajakumari
                     6.R.Vijayakumari
                     7. R.Selvakumari
                     8.K.Leela
                     9.N.Vimala



                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                 A.S(MD)No.42 of 2005


                     (Respondents 5 to 9 are brought on
                      record as Lrs of the deceased
                      1st respondent vide court order
                       dated 14.09.2021)
                     PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code,
                     against the judgment and decree of the learned Principal District Judge,
                     Tirunelveli in O.S.No.47 of 2004, dated 28.04.2004.


                                            For Appellant     : Mr.Ananth C.Rajesh
                                            For R2 to R4      : Mr.S.Balaji


                                                   JUDGMENT

When the matter came up for hearing on 20.07.2022, the matter

was directed to be listed on 01.08.2022. Today (01.08.2022) when the

matter is taken up for hearing, the learned counsel appearing for the

appellant is not ready to argue the appeal suit. This shows that the appellant

is not interested in prosecuting the appeal further. Hence, this Court has no

other option except to dismiss the appeal for non-prosecution.

https://www.mhc.tn.gov.in/judis A.S(MD)No.42 of 2005

2.Accordingly, the appeal suit is dismissed for non-prosecution.

No costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No Speaking Order : Yes / No 01.08.2022 am

To

1.The Principal District Judge, Tirunelveli.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis A.S(MD)No.42 of 2005

P.VELMURUGAN, J.

am

A.S (MD)No.42 of 2005

01.08.2022

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