Ramasamy Gounder (Died) vs S.Kandasamy
2022 Latest Caselaw 14458 Mad

                                                                          A.S(MD) No.197 of 2011


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 12.08.2022

                                                  CORAM

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                            A.S (MD)No.197 of 2011
                                                    and
                                             M.P(MD) No.2 of 2011

                     1.Ramasamy Gounder (died)

                     2.K.Subramani

                     3.R.Chellamal

                     4.R.Murugesan

                     5.P.Saroja

                     (Appellants 3 to 5 are brought on record as Lrs of
                     the deceased first appellant vide Court order
                     dated 21.07.2022 made in C.M.P(MD) No.5547 of 2022
                     in A.S(MD) No.197 of 2011)
                                                                          ... Appellants
                                                     Vs.


                     S.Kandasamy                                          ...Respondent




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                 A.S(MD) No.197 of 2011



                     PRAYER : Appeal Suit filed under Section 96 of the Code of Civil
                     Procedure, to set aside the judgment and decree passed in O.S.No.60 of
                     2007 dated 27.07.2010 on the file of the District Court, Karur, by allowing
                     this First Appeal.


                                   For Appellants     : No appearance

                                   For Respondent     : Mr.R.Devaraj




                                                    JUDGMENT

When the matter came up for hearing on 10.08.2022, the learned

counsel for the appellants filed a memo stating that he has no instructions

from his client. The said memo was recorded on that day and this Court

directed the Registry to print the name of the appellants in the cause list and

remove the name of the learned counsel and the appeal was directed to be

listed today i.e., on 12.08.2022. Though the name of the appellants were

printed in the cause list today, none appeared on behalf of the appellants.

This appeal is pending from 2011 itself and this shows that the appellants

https://www.mhc.tn.gov.in/judis A.S(MD) No.197 of 2011

are not interested in prosecuting the appeal. Hence, this Court has no other

option except to dismiss the appeal for non-prosecution.

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

No costs. Consequently, connected miscellaneous petition is closed.

12.08.2022

Index : Yes / No Speaking Order : Yes / No cp

To The District Judge, Karur.

https://www.mhc.tn.gov.in/judis A.S(MD) No.197 of 2011

P.VELMURUGAN, J.

cp

A.S (MD)No.197 of 2011 and M.P(MD) No.2 of 2011

12.08.2022

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