Backiyalakshmi vs Gomathi
2023 Latest Caselaw 4995 Mad

                                                                        S.A.(MD)No.658 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 28.04.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             S.A.(MD)No.658 of 2022
                                                      and
                                            C.M.P.(MD)No.9326 of 2022
                     Velusamy (died)
                     1.Backiyalakshmi
                     2.Manohar
                     3.Sugumaran                                         ... Appellants



                                                      /Vs./


                     Sankara Balasaraswathi (died)
                     1.Gomathi
                     2.Chandra
                     3.Janaki
                     4.Ananda Pushpam
                     5.Thirumalaikumar
                     6.Sankar
                     7.Karthick                                          ... Respondents



                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                 S.A.(MD)No.658 of 2022

                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the judgment and decree passed in A.S.No.38 of 2016,
                     on the file of the Additional Sub Court, Tenkasi, dated 26.10.2021
                     confirming the judgment and decree passed in I.A.No.332 of 2004 in
                     O.S.No.124 of 2004 on the file of the Principal District Munsif Court,
                     Tenkasi, dated 25.01.2008.


                                        For Appellants    : Mr.R.Gohul




                                                         JUDGMENT

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

learned counsel appearing for the appellants reports no instructions in

this matter. The said statement is recorded.

2. This matter is listed before me for the fourth time. Several

adjournments have already been granted to the appellants. This second

appeal has also been filed challenging the concurrent findings of the

Courts below. It can now be inferred that the appellants are not interested

in prosecuting the Second Appeal. Accordingly, this Second Appeal is

https://www.mhc.tn.gov.in/judis S.A.(MD)No.658 of 2022

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

Consequently, connected Miscellaneous Petition is closed.

                                                                          28.04.2023
                     Index        : Yes / No
                     NCC          : Yes / No
                     Sm


                     TO:

1.The Additional Sub Court, Tenkasi.

2.The Principal District Munsif Court, Tenkasi.

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

https://www.mhc.tn.gov.in/judis S.A.(MD)No.658 of 2022

ABDUL QUDDHOSE, J.

Sm

Judgment made in S.A.(MD)No.658 of 2022

Dated:

28.04.2023

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