Perumal vs Krishna Nagulu Chettiar (Died)
2023 Latest Caselaw 12738 Mad

Citation : 2023 Latest Caselaw 12738 Mad
Judgement Date : 19 September, 2023

Madras High Court

Perumal vs Krishna Nagulu Chettiar (Died) on 19 September, 2023

                                                                     S.A.(MD)No.244 of 2004



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 19.09.2023

                                                    CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                          S.A.(MD)No.244 of 2004 &
                                            C.M.P.No.1069 of 2004
                     1.Perumal
                     2.Nagammal
                     3.Ramanujam Ammal
                     4.Alagammal
                     5.Balanagammal
                     6.Packialakshmi
                     7.Kannan
                     8.Sundaraj
                     9.Sulairaj
                     10.Vijayaraj
                     11.Jeyaraj                                      ...Appellants
                                                        vs.

                     1.Krishna Nagulu Chettiar (died)
                     2.Perumal (died)
                     3.Rengaraj
                     4.Seenivasagan
                     5.Andal


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                                                                                S.A.(MD)No.244 of 2004



                     6.Nagalakshmi
                     7.Bani
                     8.Muthunagulu
                     9.Thirupathinagulu
                     10.Saraswathi
                     11.Muthulakshmi
                     12.P.Dhanabal
                     13.P.Thirupathy
                     14.P.Chithra                                       ... Respondents


                     (R5 to R10 are brought on record as LRs of the deceased 1st respondent
                     vide order of this Court dated 08.02.2008 in M.P.(MD)Nos.1 to 3 of 2007
                     in S.A.(MD)No.244 of 2004)
                     (R11 to R14 are brought on record as LRs of the deceased 2nd
                     respondent vide Court order dated 25.07.2023 in C.M.P.(MD)Nos.4710
                     to 4712 of 2016 in S.A.(MD)No.244 of 2004)


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 22.10.2002 in A.S.No.
                     62 of 2001 on the file of the Sub Court, Aruppukottai confirming the
                     Judgment and Decree dated 29.10.1997 in O.S.No.154 of 1994 on the
                     file of the District Munsif Court, Aruppukottai.




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                                                                                   S.A.(MD)No.244 of 2004



                     For Appellant                  :     Mrs.Vijayakumari Natarajan

                     For Respondents                :     Mr.S.Parthasarathy
                                                          for R3 to R11 and R14

                                                         JUDGMENT

When the matter is taken up for hearing today, the learned counsel

appearing for the appellants submitted that he is unable to get

instructions from the appellants and the appellants have also not

contacted him. Therefore, he reported 'no instructions'.

2. The appeal is of the year 2004. Though the appeal is pending

for nearly 19 years, the appellants have not come forward to provide

appropriate instructions to the counsel, which shows that they are not

interested to prosecute with the appeal. In view of the same, the Second

Appeal is dismissed for non - prosecution. No costs. Consequently the

connected Miscellaneous Petition is closed.

19.09.2023

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