S.John Thambiraj vs Chennaiyan(Died)
2023 Latest Caselaw 14566 Mad

Madras High Court

S.John Thambiraj vs Chennaiyan(Died) on 22 November, 2023

                                                                                     S.A.No.567 of 2002


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED :         22.11.2023

                                                     CORAM

                                  THE HONOURABLE MRS.JUSTICE R. KALAIMATHI

                                               S.A.No. 567 of 2002
                                                       and
                                            C.M.P(MD)No.4685 of 2002


                     S.John Thambiraj                         ... Plaintiff/Appellant/Appellant


                                                     -Vs-

                     1.Chennaiyan(Died)                       ... Defendant/ Respondent/
                                                                                  Respondent
                     2.Chandra
                     3.Shakthi Saranya
                     4.Krishna Sathya
                     5.Krishna Sneha
                     (R2 to R5 are brought on record
                     as LRs of the deceased sole respondent
                     vide Court order dated 04.12.2020)

                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, against the decree and judgment, dated 16.08.2001 made in A.S.No.
                     103 of 1999 on the file of the Subordinate Court, Tuticorin, confirming the



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                                                                                     S.A.No.567 of 2002


                     decree and judgment, dated 29.01.1999 in O.S.No.413 of 1995 on the file of
                     the Additional District Munsif Court, Tuticorin.


                                           For Appellant        : No appearance
                                           For R2 to R5         : Mr.H.Arumugam
                                           For R1               : Died

                                                      JUDGMENT

Already a memo, dated 31.10.2023 was filed by the learned

counsel for the appellant stating that he reports “no instruction”. The

respondent Nos.2 to 5 are represented through their counsel. Hence, this

Second Appeal stands dismissed for non-prosecution. No costs.

Consequently, connected miscellaneous petition is closed.

22.11.2023 NCC:Yes/No Index:Yes/No Internet::Yes/No

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To

1.The Subordinate Court, Tuticorin.

2.The Additional District Munsif Court, Tuticorin.

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

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R. KALAIMATHI,J.

Ns

and

22.11.2023

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