Ramasamy vs Govindasamy
2023 Latest Caselaw 9638 Mad

                                                                          S.A.Nos.796 & 797 of 2004



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 03.08.2023

                                                     CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                         S.A.Nos.796 & 797 of 2004 &
                                           C.M.P.No.12465 of 2004
                     In S.A.No.796 of 2004,
                     Ramasamy                                        ...Appellant
                                                       vs.
                     Govindasamy                                     ... Respondent


                     In S.A.No.797 of 2004,
                     1.Ramasamy
                     2.Balu
                     3.Kannadasan                                    ...Appellants
                                                       vs.
                     Hindu Undivided Family,
                     By, Govindasamy,
                     Son of Veeranna Reddiar,
                     Nadu Mettupatti,
                     Vellianai South Village,
                     Karur District.                                 ... Respondent
                     Common Prayer: Second Appeal filed under Section 100 of the Code of
                     Civil Procedure against the Judgment and Decree dated 22.09.2003 in
                     A.S.Nos.14 & 12 of 2003 on the file of the District Judge, Karur



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                                                                                   S.A.Nos.796 & 797 of 2004



                     confirming the Judgment and Decree dated 31.12.2002 in O.S.Nos.500 &
                     642 of 1998 respectively on the file of the Additional District Munsif,
                     Karur.
                     In both appeals,
                     For Appellants                              :      Mr.N.Shanmugaselvam

                     For Respondent                              :      Mr.R.Devaraj


                                                    COMMON JUDGMENT

                                  The learned counsel appearing for the appellants in both the

                     appeals would submit that he has sent letters to the appellants, which

                     evoked no response from them. The appellants have not also contacted

                     him over phone, which shows that they are not interested to prosecute the

                     appeals.



                                  2. The learned counsel for the respondent in both the appeals

                     would submit that he is unable to contact the respondent in both the

                     appeals and the respondent has also not tried to contact him.



                                  3. Considering the submissions made on either side, it is clear that

                     both the parties are not interested to prosecute the appeals and there is a


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                                                                                S.A.Nos.796 & 797 of 2004



                     possibility that the matter might be amicably settled between them, that is

                     why, the parties are not interested to prosecute the appeals and failed to

                     give appropriate instructions to the counsel.



                                  4. In view of the above, these Second Appeals are dismissed for

                     non-prosecution. No costs. Consequently, the connected Miscellaneous

                     Petition is closed.



                                                                                         03.08.2023

                     NCC:Yes/No
                     Index:Yes/No
                     Speaking/Non-speaking order

                     mbi

                     To

                     1.The District Judge, Karur

                     2.The Additional District Munsif, Karur.

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




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                                            S.A.Nos.796 & 797 of 2004



                                   KRISHNAN RAMASAMY, J.

mbi

S.A.Nos.796 & 797 of 2004

03.08.2023

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