Madras High Court
Chinniah vs Palani (Died) ... 1St on 12 September, 2023
S.A.No.593 of 2002
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
S.A.No.593 of 2002
and
C.M.P.(MD)No.9509 of 2018
and
Cross.Objection No.19 of 2003
S.A.No.593 of 2002
Chinniah ... Appellant / 1st Respondent / Plaintiff
-Vs-
1.Palani (died) ... 1st Respondent / 1st Appellant / 1st Defendant
2.Subramanian ... 2nd Respondent / 3rd Respondent / 2nd Defendant
3.Nirmala Devi ... 3rd Respondent / 2nd Appellant / 4th Defendant
4.Palaniappan ... 4th Respondent / 2nd Respondent / 5th Defendant
5.Sivasankari
6.Muruga Boopathy ... Respondents 5 & 6
(R5 & R6 are brought on record as LRS., of the deceased 1st respondent vide
Court order dated 29.04.2013 made in M.P(MD)No.2 of 2008 in S.A.No.593 of
2002)
PRAYER: Second Appeal is filed under Section 100 of the Code of Civil
Procedure to set aside the judgment and decree of the learned Principal District
Judge, Pudukkottai, dated 18.12.2001 made in A.S.No.119 of 2000, reversing the
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S.A.No.593 of 2002
judgment and decree of the learned District Munsif Cum Magistrate,
Thirumayam, dated 28.04.2000 made in O.S.No.42 of 1997.
For Appellant : No Appearance
For R5 & R6 : Mr.S.A.Ajmalkhan
Cross.Objection No.19 of 2003
Palaniappan ... Cross Objector
-Vs-
1.Chinnaiyah
2.Palani (died)
3.Subramanian
4.Nirmala Devi
5.Sivasankari
6.Muruga Boopathy ... Respondents
(R5 & R6 are brought on record as LRS., of the deceased 1st respondent vide
Court order dated 10.07.2023 made in C.M.P(MD)No.9506 of 2018 in
Cross.Obj.No.19 of 2003)
PRAYER: Cross Objection is filed under Section 15 of Letters Patent, to set aside
the judgment and decree of the learned Principal District Judge, Pudukkottai,
dated 18.12.2001 made in A.S.No.119 of 2000.
For Appellant : No Appearance
For R5 & R6 : Mr.S.A.Ajmalkhan
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S.A.No.593 of 2002
COMMON JUDGMENT
When the matter was taken up for hearing on 08.09.2023, none
appeared on behalf of the appellant. Therefore, this matter was directed to be
listed today (12.09.2023) under the caption 'for dismissal'.
2.Today also, when the matter is taken up for hearing, none appeared on
behalf of the appellant and the cross objector. It shows that the appellant and the
cross objector are not interested in pursuing the matter.
3.The learned counsel for the respondents 5 and 6 is present.
4.In view of the above, this Court has no other option except to dismiss
this appeal as well as the cross objection for non-prosecution. Accordingly, this
Second Appeal and the Cross Objection are dismissed for non-prosecution. No
costs. Consequently, connected miscellaneous petition is closed.
12.09.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
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S.A.No.593 of 2002
KRISHNAN RAMASAMY, J.
Yuva
To
1.The Principal District Judge,
Pudukkottai.
2.The District Munsif Cum Magistrate,
Thirumayam.
3.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
S.A.No.593 of 2002
and
Cross.Objection No.19 of 2003
12.09.2023
https://www.mhc.tn.gov.in/judis
