Rural Development Charitable ... vs Father P.Amalraj
2022 Latest Caselaw 14042 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 05.08.2022

                                                     CORAM:

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                              A.S(MD)No.120 of 2013


                     1.Rural Development Charitable Trust,
                       Puthuvalvu Thiyana Illam,
                       Pudhuvalvu nagar,
                       Chidambarapuram(PO),
                       Kuruvikulam via,
                       Tirunelveli District,
                       its Managing Trustee,
                       M.Jesu Micheal Raj,
                       Son of Maria Micheal.

                     2.Rural Development Charitable Trust,
                       Puthuvalvu Thiyana Illam,
                       Pudhuvalvu nagar,
                       Chidambarapuram(PO),
                       Kuruvikulam via,
                       Tirunelveli District,
                       its Treasurer,
                       Arul Madhu,
                       Wife of Maria Micheal.

                     3.Rural Development Charitable Trust,
                       Puthuvalvu Thiyana Illam,
                       Pudhuvalvu nagar,
                       Chidambarapuram(PO),
                       Kuruvikulam via,
                       Tirunelveli District,
                       its Secretary,
                       N.M.Rani,
                       Daughter of Maria Micheal Arulappan

                                                              :Appellants/Plaintiffs


                     1/4
https://www.mhc.tn.gov.in/judis
                                                   .vs.


                     1.Father P.Amalraj

                     2.Micheal                                       :Respondents/Defendants


                     PRAYER: First Appeal filed under Section 96 of the Civil Procedure
                     Code against the judgment and decree made in O.S.No.67 of 2010,
                     dated 4.7.2012, on the file of IIIrd Additional District and Sessions
                     Judge, Tirunelveli.


                                       For Appellants          :Mr.J.David Ganesan
                                                                for M/s.Jeyapaul Associates

                                       For Respondents         :M/s.D.Nallathambi
                                             1 and 2


                                                    JUDGMENT

*********

In the earlier hearing date, ie., on 18.07.2022, at the request

of the learned representing counsel for the appellants, the matter

was adjourned to 05.08.2022(today) with an endorsement stating

that ''No further time will be given on that date''. When the matter

is taken up for hearing today, though the learned counsel for the

appellants is present before this Court, he is not ready to argue the

appeal suit. This shows that the learned counsel is not interested in

prosecuting the appeal suit. Hence this Court has no other option

except to dismiss the appeal suit for non-prosecution. Therefore the

https://www.mhc.tn.gov.in/judis Appeal Suit is dismissed for non-prosecution. No costs.

05.08.2022

Index:Yes/No

Internet:Yes/No

vsn

To

1.The IIIrd Additional District and Sessions Judge, Tirunelveli.

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

https://www.mhc.tn.gov.in/judis P.VELMURUGAN.,J.

vsn

JUDGMENT MADE IN A.S(MD)No.120 of 2013

05.08.2022

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