Rakkappan vs Kannuchamy
2023 Latest Caselaw 12016 Mad

                                                                              S.A.No.392 of 2004



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 07.09.2023

                                                  CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                             S.A.No.392 of 2004
                     1.Rakkappan
                     2.Subramanian
                     3.Krishnan
                     4.Rakkammal
                     5.Azhagi
                     6.Mari
                     7.Packiam
                     8.Amaravathy                                  ...Appellants
                                                    vs.

                     1.Kannuchamy
                     2.Mehabonissa (died)
                     3.Mohamed Asraf
                     4.M.A.Mohamed Ibrahim
                     5.Faizal Banu
                     6.Ummal Zuwairiya
                     7.Amzath Nisha
                     8.Fathima Sabeena                            ... Respondents



                     Page 1 of 4
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                                                                                         S.A.No.392 of 2004




                     (Respondents 4 to 8 are brought on record as LRs of the deceased 2nd
                     respondent, vide Court order dated 21.06.2018 in C.M.P.(MD)No.2205
                     of 2018)


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 28.01.2004 in A.S.No.
                     71 of 2001 on the file of the District Judge, Sivagangai confirming the
                     Judgment and Decree dated 21.02.2001 in O.S.No.429 of 1987 on the
                     file of the Principal District Munsif, Sivagangai.

                     For Appellants                  :     No appearance

                     For Respondents                 :     Mr.S.Srinivasaragavan
                                                           for R1, R3 & R4
                                                           R2 - died


                                                          JUDGMENT

When the matter was taken up for hearing on 04.09.2023, there

was no representation for the appellants. Hence, the matter was directed

to be listed under the caption 'for dismissal' on 07.09.2023.

2. The matter is listed under the caption 'for dismissal' today. Even

then, there is no representation for the appellants, which shows that the

https://www.mhc.tn.gov.in/judis S.A.No.392 of 2004

appellants are not interested to prosecute the appeal. In view of the

same, the Second Appeal is dismissed for non-prosecution. No costs.

07.09.2023

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

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To

1.The District Judge, Sivagangai.

2.The Principal District Munsif, Sivagangai.

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

https://www.mhc.tn.gov.in/judis S.A.No.392 of 2004

KRISHNAN RAMASAMY, J.

mbi

S.A.No.392 of 2004

07.09.2023

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