K.Meenakshi Ammal @ Baby vs G.Satharam
2023 Latest Caselaw 4409 Mad

                                                                                    S.A(MD).No.367 of 2017

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 18.04.2023

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                 S.A.(MD)No.367 of 2017
                                              and C.M.P(MD)No.7848 of 2017

                     1.K.Meenakshi Ammal @ Baby
                     2.K.Nagarethinam @ Ashokkumar
                     3.K.Sakthivel             .... Appellants/Respondents/Defendants

                                                              Vs.

                     1.G.Satharam
                     2.G.Kumar                          ... Respondents/Appellants/Plaintiffs

                     Prayer :         Second Appeal is filed under Section 100 of Code of Civil
                     Procedure, against the judgment and decree dated 23.01.2017 passed in
                     A.S.No.106 of 2005 on the file of the Principal District Judge,
                     Tiruchirappalli reversing the judgment and decree dated 09.12.2004 passed
                     in O.S.No.324 of 1996 on the file of the II Additional Subordinate Judge,
                     Tiruchirappalli.
                                            For Appellants      : Mr.G.Ethirajulu
                                            For Respondents     : No appearance

                                                     JUDGMENT

The learned counsel for the appellants has filed a memo dated

18.04.2023, which is taken on record by this Court. As per the said memo,

the learned counsel for the appellants is reporting no instruction in this

https://www.mhc.tn.gov.in/judis S.A(MD).No.367 of 2017

matter. In accordance with the memo, the vakalat of the learned counsel for

the appellants stands withdrawn. Till date, steps have not been taken by the

the appellants to bring on record the legal heirs of the deceased second

appellant, who was reported dead earlier. The Second Appeal is of the year

2017. It was made clear in the order dated 16.03.2023 that if steps are not

taken to bring on record the legal heirs of the deceased second appellant

before the next hearing date, this Second Appeal shall stand automatically

dismissed for non-prosecution. In accordance with the said order, after

recording the memo filed by the learned counsel for the appellant dated

18.04.2023, reporting no instruction, this Second Appeal is dismissed for

non-prosecution. No costs. Consequently, connected miscellaneous petition

is closed.

18.04.2023 Index : Yes/No Internet: Yes/No CM

To,

1.The Sub Court, Manamadurai, Sivagangai District

2. The Principal District Munsif Court, Manamadurai, Sivagngai District.

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

https://www.mhc.tn.gov.in/judis S.A(MD).No.367 of 2017

ABDUL QUDDHOSE, J.

CM

S.A.(MD)No.367 of 2017 and C.M.P(MD)No.7848 of 2017

18.04.2023

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