M.P.R.Malaiandi @Ashok vs A.Pitchai Arasu(Died)
2022 Latest Caselaw 14608 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 17.08.2022

                                                       CORAM:

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                             A.S(MD)No.32 of 2013
                                                     and
                                       CROSS OBJECTION(MD)NO.9 OF 2013
                                                     and
                                              M.P(MD)No.1 of 2013

                     A.S(MD)No.32 of 2013


                     M.P.R.Malaiandi @Ashok            :Appellant/Plaintiff

                                                .vs.


                     1.A.Pitchai Arasu(died)

                     2.S.K.V.Chandra

                     3.P.Rajkumar

                     4.R.Vanitha

                     5.R.Preethi

                     (Respondents 2 to 5 are brought on record as legal representatives
                     of the deceased sole respondent as per order of this Court made in
                     C.M.P(MD)No.5509 of 2022 in A.S(MD)No.32 of 2013, dated
                     7.7.2022)                    :Respondents/Defendants

                     CROSS OBJECTION(MD)NO.9 OF 2013

                     1.A.Pitchai Arasu(died)

                     2.P.Chandra


                     1/5
https://www.mhc.tn.gov.in/judis
                     3.R.Vanitha

                     4.P.Rajakumar

                     5.P.Preethi                       :Cross Objectors/Respondents/
                                                                   Defendants2
                                                /vs/

                     M.P.R.Malaiandi @ Ashok           :Respondent/Appellant/Plaintiff

                     (Cross Objectors 2 to 5 are brought on record as legal
                     representatives of the deceased sole Cross Objector as per order of
                     this Court made in C.M.P(MD)No.4264 of 2022 in Cross
                     Objection(MD)No.9 of 2013, dated 22.6.2022)


                     PRAYER in APPEAL SUIT: First Appeal filed under Section 96 of
                     the Civil Procedure Code read with Order 41 Rule 1 and 2 of Civil
                     Procedure Code against the judgment and decree made in O.S.No.
                     501 of 2004, dated 20.11.2012, on the file of Fifth Additional
                     District Judge, Madurai.


                     PRAYER in CROSS OBJECTION: Cross Objection filed A.S(MD)No.
                     32 of 2013 under     Order 41 Rule 22 of Civil Procedure Code against
                     the judgment and decree made in O.S.No.501 of 2004, dated
                     20.11.2012, on the file of Fifth Additional District Judge, Madurai.


                     A.S(MD)No.32 of 2013

                                   For Appellant              :Mr.N.S.Karthikeyan

                                   For Respondent-1          :Died

                                   For Respondents            :Mr.M.Sengu Vijay
                                         2 to 5


                     2/5
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                     CROSS OBJECTION(MD)NO.9 OF 2013

                                       For Cross Objectors      :Mr.M.Sengu Vijay

                                       For Respondent           :Mr.N.S.Karthikeyan

                                                    JUDGMENT

*********

In the earlier hearing date,ie., on 1.8.2022, at the request of

the learned counsel for the appellant, the matter is posted today.

When the matter is taken up for hearing today, the learned counsel

for the appellant as well as the Cross-Objectors are not ready to

argue the appeal suit as well as the Cross-Objection and sought for

adjournment.This shows that the learned counsel for the

appellant /Cross Objectors are not interested in prosecuting the

appeal suit as well as the Cross-Objection. Therefore both the

Appeal Suit as well as the Cross-Objection are dismissed for non-

prosecution. No costs. Consequently, connected Miscellaneous

Petition is dismissed.

17.08.2022

Index:Yes/No

Internet:Yes/No

vsn

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

1.The Vth Additional District Judge, Madurai.

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

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

vsn

COMMON JUDGMENT MADE IN A.S(MD)No.32 of 2013 and CROSS OBJECTION(MD)NO.9 OF 2013 and M.P(MD)No.1 of 2013

17.08.2022

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