Vijayan vs Sivagnanam
2023 Latest Caselaw 4134 Mad

                                                                         S.A.(MD)No.548 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 12.04.2023

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             S.A.(MD)No.548 of 2022
                                                      and
                                            C.M.P.(MD)No.7425 of 2022

                     1.Vijayan
                     2.Nagarajan                                    ... Appellants

                                                      /Vs./

                     1.Sivagnanam
                     2.Manivannan
                     3.Kumarasamy
                     4.Balasubramanian
                     5.Jeevanantham
                     6.Mallika
                     7.Arulselvam
                     8.Rethinam
                     9.Chinnathamarai
                     10.Sivakolunthu
                     11.D.Rajam
                     12.R.Pushpam


                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                   S.A.(MD)No.548 of 2022

                     13.Vijayakumari
                     14.Jeyakodi
                     15.Vasanthakumari
                     16.A.Rani                                                ... Respondents


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the judgment and decree passed in A.S.No.13 of 2017,
                     on the file of the Principal District Judge, Pudukottai, dated 05.11.2019
                     by which reversing the judgment and decree passed in O.S.No.196 of
                     2012 on the file of the Sub Court, Pudukottai, dated 10.08.2017 and
                     allow the Second Appeal.


                                              For Appellants     : No appearance




                                                         JUDGMENT

This matter is listed under the caption ‘For Dismissal’ today. There

is no representation on the side of the appellants once again.

2. Before me for the first time, ie., on 16.03.2023, the learned

counsel appearing for the appellants sought time to argue the matter.

Only on his request, this matter was adjourned for arguments finally on

https://www.mhc.tn.gov.in/judis S.A.(MD)No.548 of 2022

30.03.2023. On 30.03.2023, when the matter was listed for hearing,

there was no representation on the side of the appellants. Thereafter, this

Court directed the Registry to list the matter under the caption 'For

Dismissal' today.

3. As directed by this Court, this matter is listed under the caption

'For Dismissal' today. However, there is no representation on the side of

the appellants. It can now be inferred that the appellants are not

interested in prosecuting the Second Appeal. Accordingly, this Second

Appeal is dismissed for non-prosecution. There shall be no order as to

costs. Consequently, connected Miscellaneous Petition is closed.

                                                                                    12.04.2023
                     Index          : Yes / No
                     NCC            : Yes / No
                     Sm

https://www.mhc.tn.gov.in/judis S.A.(MD)No.548 of 2022

ABDUL QUDDHOSE, J.

Sm TO:

1.The Principal District Judge, Pudukottai.

2.The Sub Court, Pudukottai.

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

Judgment made in S.A.(MD)No.548 of 2022

Dated:

12.04.2023

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