Roopa vs Selvi Vatchala Devi
2022 Latest Caselaw 14136 Mad

                                                                     A.S(MD)No.23 of 2012



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 08.08.2022

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                             A.S(MD)No.23 of 2012
                                                     and
                                             M.P.(MD) No.1 of 2012


                     Roopa                                           ...Appellant



                                                      Vs.

                     1.Selvi Vatchala Devi

                     2.Thirumalai @ Ramasamy (died)

                     3.Rajeshwari (died)

                     4.Puvaneshwari

                     5.Saravanan

                     6.Sujatha

                     7.P.Velmurugan

                     8.P.Radha Krishnan

                     9.Jeya Gowri

                     10.Shyamala Devi

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                                                                                  A.S(MD)No.23 of 2012


                     11.R.Nirmala Devi

                     12.Gokila Devi

                     13.Vimala

                     14.Vijayakumari

                     15.Palanisamy                                                ...Respondents


                     (Memo dated 01.07.2022 filed on 21.07.2022 in
                     USR.No.21699 is recorded, as the respondents 2 and 3
                     died and the respondents 4 to 6, who are already on
                     record are recorded as legal heirs of the deceased
                     respondents 2 and 3 vide Court order dated 25.07.2022


                     PRAYER: Appeal Suit filed under Section 96 of the Code of Civil

                     Procedure, against the judgment and decree dated 02.11.2011 passed in

                     O.S.No.18 of 2009, by the learned Additional District Court cum Fast

                     Track Court, Dindigul.



                                  For Appellants   : Mr.V.Balaji

                                  For Respondent   : Mr.P.Arunkumar - for R1
                                                   : No Appearance - RR2 to 5, 8 to 10, 13 to 15
                                                   : dismissed for default - RR6, 7, 11 & 12




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                                                                                A.S(MD)No.23 of 2012


                                                      JUDGMENT

When the matter was taken up for hearing on 25.07.2022,

this Court has observed as follows :

"List the matter on 08.08.022. No further

time will be granted."

2. When the matter is taken up for hearing today, the learned

counsel for the appellant sought some more time. Since the appeal is

pending from the year 2012, the appellants are not interested to prosecute

the appeal. Hence, this Court has no other option, except to dismiss the

appeal for non-prosecution.

3. Accordingly, this Appeal Suit stands dismissed for

non-prosecution. No costs. Consequently, connected miscellaneous

petition is closed.

08.08.2022

Index:Yes/No Internet:Yes/No rm

https://www.mhc.tn.gov.in/judis A.S(MD)No.23 of 2012

To

1.The Additional District Judge Additional District Court cum Fast Track Court, Dindigul.

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

https://www.mhc.tn.gov.in/judis A.S(MD)No.23 of 2012

P.VELMURUGAN, J.

rm

A.S(MD)No.23 of 2012

08.08.2022

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