R.Krishnamoorthy (Died) vs Savithri ... 1St
2022 Latest Caselaw 13510 Mad

                                                                                A.S(MD)No.112 of 2013


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 28.07.2022

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                              A.S (MD)No.112 of 2013
                                                      and
                                               M.P(MD)No.1 of 2013

                     1.R.Krishnamoorthy (Died)
                     2.K.Packiathammal
                     3.Girija
                     4.P.Jayanthi
                     5.T.Rama
                     6.M.Sumathi
                     7.K.Karthikeyan
                     8.K.Sachidanantham                ... Appellants/Defendants 1,2,4 to 9
                       st
                     (1 appellant died and appellants
                      2 to 8 and the respondents 1 & 2
                      who are already on record are
                      recorded as Lrs of the deceased
                      1st appellant vide Court Order
                      dated 19.07.2022 made in
                      C.M.P(MD)No.5704 of 2022)

                                                      Vs.

                     1.Savithri                         ... 1st Respondent/Plaintiff

                     2.A.Vanaja
                     3.S.Sahayarani                     ... Respondents 2,3/Defendants 3,10



                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                  A.S(MD)No.112 of 2013


                     PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code,
                     against the judgment and decree, dated 12.02.2013 made in O.S.No.53 of
                     2011, on the file of the III Additional District Judge, Tiruchirappalli.
                                            For Appellant      : Mr.M.Saravanan
                                            For Respondents    : Mr.R.Sundar

                                                    JUDGMENT

When the matter came up for hearing on 19.07.2022, the appeal

was directed to be listed today i.e., on 28.07.2022 for further hearing. Today,

when the matter is taken up for hearing, the learned counsel appearing for

the appellants seek adjournment, this Court is not inclined to adjourn the

matter. This shows that the appellants 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.

Index : Yes / No Speaking Order : Yes / No 28.07.2022 am

https://www.mhc.tn.gov.in/judis A.S(MD)No.112 of 2013

To

1. The III Additional District Judge, Tiruchirappalli.

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

https://www.mhc.tn.gov.in/judis A.S(MD)No.112 of 2013

P.VELMURUGAN, J.

am

A.S (MD)No.112 of 2013

28.07.2022

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