Madras High Court
S.Durairaj (Died) vs Tamil Mani on 31 March, 2023
S.A.(MD)No.195 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A.(MD)No.195 of 2017
and
C.M.P.(MD)Nos.3668 of 2017 and 11117 of 2019
1.S.Durairaj (died)
2.Vasantha
3.Sukumaran
4.Shyamaladevi
5.Karthikeyan ... Appellants
(Appellants 3 to 5 are brought on record as legal heirs of the deceased 1 st
appellant vide Court order 20.01.2022 made in CMP((MD)No.5836 of
2021 in S.A.(MD)No.195 of 2017)
/Vs./
Tamil Mani ... Respondent
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code to set aside the decree and judgment in A.S.No.68 of 2012, on the
file of the Principal Sub Court, Thanjavur, dated 28.03.2013 confirming
the decree and judgment passed in O.S.No.158 of 2007 on the file of the
District Munsif Court, Thiruvaiyaru, dated 28.09.2012.
1/4
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S.A.(MD)No.195 of 2017
For Appellants : No appearance
For Respondent : Mr.M.R.Sreenivasan
JUDGMENT
This matter is listed under the caption 'For Dismissal' today and the
names of the appellants have been printed in the cause list today. On
20.03.2023, the learned counsel appearing for the appellants submitted
before this Court that despite his attempt to contact his clients, he was
unable to do so. He had sought time to file a memo to that effect.
2. On 23.03.2023, when the matter was listed for hearing, a memo
was filed by the learned counsel appearing for the appellants enclosing
the returned cover pertaining to the communication sent by him to the
appellants. The memo as well as returned cover was taken on record by
this Court. The learned counsel appearing for the appellants, on
23.03.2023, has also reported no instructions in this matter. Since the
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S.A.(MD)No.195 of 2017
learned counsel appearing for the appellants reported no instructions, this
Court directed the Registry to print the names of the appellants in the
cause list and post the matter for hearing today. Accordingly, the matter
has been listed on 29.03.2023.
3. Even on 29.03.2023, there was no representation on the side of
the appellants. Therefore, this Court directed the Registry to post the
matter under the caption 'For Dismissal' today. There is no representation
on the side of the appellants once again. The learned counsel appearing
for the respondent is present. It can now be inferred that the appellants
are not interested in prosecuting this Second Appeal. Accordingly, this
Second Appeal is dismissed for non prosecution. It is made clear that the
interim order granted earlier in favour of the appellants stands vacated.
There shall be no order as to costs. Consequently, connected
Miscellaneous Petitions are closed.
31.03.2023
Index : Yes / No
NCC : Yes / No
Sm
https://www.mhc.tn.gov.in/judis
S.A.(MD)No.195 of 2017
ABDUL QUDDHOSE, J.
Sm
TO:
1.The Principal Sub Court, Thanjavur.
2.The District Munsif Court, Thiruvaiyaru.
3.The Section Officer,
VR Section, Madurai Bench of Madras High Court,
Madurai.
Judgment made in
S.A.(MD)No.195 of 2017
Dated:
31.03.2023
https://www.mhc.tn.gov.in/judis
