Sundaram (Died) vs John Peter Rex
2023 Latest Caselaw 6866 Mad

                                                                        S.A(MD)Nos.692 and 693 of 2007



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 22.06.2023

                                                     CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                          S.A(MD)Nos.692 and 693 of 2007



                     1.Sundaram (died)

                     2.Sankaran

                     3.Sulochana

                     4.S.Rukmani

                     5.Grace Hebizbh

                     6.Rubinath                     ...Appellants in both appeals

                     (Appellants 5 and 6 are brought on record as LRs of the deceased 1st
                     appellant in S.A(MD)No.692 of 2007 vide Court order dated 19.06.2023
                     in C.M.P(MD)No.9241 of 2016 in S.A(MD)No.692 of 2007)

                     (Appellants 5 and 6 are brought on record as LRs of the deceased 1st
                     appellant in S.A(MD)No.693 of 2007 vide Court order dated 18.10.2016
                     in C.M.P(MD)No.6470 of 2016 in S.A(MD)No.693 of 2007)

                                                        vs.

                     John Peter Rex                 ... Respondent in both appeals



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                                                                           S.A(MD)Nos.692 and 693 of 2007



                     Prayer in S.A(MD)No.692 of 2007 : Second Appeal filed under Section
                     100 of the Code of Civil Procedure against the Judgment and Decree
                     dated 30.11.2006 in A.S.No.152 of 2006 on the file of the First
                     Additional Sub Court, Tirunelveli reversing the Judgment and Decree
                     dated 24.04.2006 in O.S.No.861 of 2004 on the file of the Principal
                     District Munsif Court, Tirunelveli.


                     Prayer in S.A(MD)No.693 of 2007 : Second Appeal filed under Section
                     100 of the Code of Civil Procedure against the Judgment and Decree
                     dated 30.11.2006 in A.S.No.172 of 2006 on the file of the First
                     Additional Sub Court, Tirunelveli confirming the Judgment and Decree
                     dated 24.04.2006 in O.S.No.861 of 2004 on the file of the Principal
                     District Munsif Court, Tirunelveli.

                     In both the appeals,

                                  For Appellants         :    No appearance

                                  For Respondent         :    No appearance



                                                   COMMON JUDGMENT



                                  The appeals are of the year 2007 and they are pending for more

                     than 15 years. Till date, the counsel on record for the appellant kept



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                                                                         S.A(MD)Nos.692 and 693 of 2007



                     quiet and when the matter is taken up for final hearing today, he submits

                     that he is going to file change of vakalath, which shows that the

                     appellants are not interested to proceed with the appeals effectively.

                     Therefore, this Court has no other option except to dismiss the appeals

                     for non-prosecution.



                                  2. Accordingly, these Second Appeals are dismissed for non-

                     prosecution with cost of Rs.1,00,000/- (Rupees One Lakh only) each

                     payable by the appellants to the Registry to the credit of S.A(MD)Nos.

                     692 of 2007 and 693 of 2007 respectively. In case, the appellants file

                     applications to restore the appeals, Registry is directed not to take the

                     applications on file unless the appellants deposit the cost imposed by this

                     Court.



                                                                                       22.06.2023

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


                     mbi


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                                                                           S.A(MD)Nos.692 and 693 of 2007



                     To

                     1.The First Additional Sub Court, Tirunelveli.

                     2.The Principal District Munsif Court, Tirunelveli.

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




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                                             S.A(MD)Nos.692 and 693 of 2007



                                             P.VELMURUGAN, J.

mbi

S.A(MD)Nos.692 and 693 of 2007

22.06.2023

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