D.Natarajan (Died) vs Mrs. Saraswathy
2022 Latest Caselaw 13981 Mad

                                                                              A.S No.887 of 2018



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                              DATED : 04.08.2022
                                                    CORAM:
                                  THE HON'BLE MR. JUSTICE M.DURAISWAMY
                                                   AND
                                  THE HON'BLE MR. JUSTICE SUNDER MOHAN

                                              A.S No.887 of 2018

                   1. D.Natarajan (died)
                   2. N. Choodamani
                   3. N.Nandakumar
                   4. P.P. Nirmala Devi
                      (Appellants 2 to 4 brought on record as LRs of the
                       deceased sole appellant viz., D.Natarajan vide court
                       order dated 05.04.2022 made in C.M.P.
                       No.3027/2022 in A.S.No.887/2018))                      ...
                   Appellants

                                                                        v.

                   1. Mrs. Saraswathy
                   2.D.Ramalingam
                   3. G. Lakshmi (died)
                   4. D. Srinivasan
                   5. D. Arumugham
                   6. S.Rajeswari
                   7. Mrs. P.Nalini
                   8. Mrs. Jagadeeswari @ Easwari
                   9. C.Dakshayini
                   10.C.Sankar
                      (Respondents s 9 & 10 brought on record as LRs of the
                       deceased 3rd respondent viz., G. Lakshmi vide court
                       order dated 05.04.2022 made in C.M.P.
                       Nos.20805, 20808 & 20809/2018 in A.S.No.887/2018))

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https://www.mhc.tn.gov.in/judis
                                                                                     A.S No.887 of 2018



                                                                              ... Respondents
                                   Appeal filed under Section 96 of the Code of Civil Procedure
                   r/w Order 41 Rule 1 of CPC             against the decree and   judgment dated
                   20.03.2018 made in O.S.No.57 of 2014 on the file of Additional District
                   Judge II, Poonamallee.


                                          For Appellant        : No appearance

                                          For Respondents      : No appearance



                                                    JUDGMENT

(Judgment was delivered by M. DURAISWAMY, J.)

When the appeal was listed for hearing on 08.07.2022, the

learned counsel appearing for the appellants reported “no instructions”. In

view of the same, the Registry was directed to send drafted notice to the

appellants 2 to 4. Notices sent to the appellants 2 and 3 were returned

unserved with an endorsement “Refused”. The Registry also sent notice

to the 4th appellant, however, the same was returned “unserved”. When the

matter was listed for hearing on 02.08.2022, since none appeared for the

appellants, Registry was directed to list the matter on 04.08.2022 under

the caption “for dismissal”.

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2. Though the appeal has been listed today under the caption

"for dismissal", today also, there is no representation for the appellants.

Hence, this court left with no other option except to dismiss the Appeal

for non prosecution. Accordingly, the Appeal is dismissed for non

prosecution No costs.

                                                                    [M.D., J.]      [S.M., J.]
                                                                            04.08.2022

                   Index           : Yes/No
                   Internet : Yes
                   Rj




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https://www.mhc.tn.gov.in/judis A.S No.887 of 2018

M. DURAISWAMY, J.

and SUNDER MOHAN, J

Rj

A.S.No.887 of 2018

04.08.2022

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