P.Muthukaruppan vs V.Muniyandi
2024 Latest Caselaw 15298 Mad

Madras High Court

P.Muthukaruppan vs V.Muniyandi on 7 August, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                                    S.A.No.364 of 2006


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 07.08.2024

                                                   CORAM

                        THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                              S.A.No.364 of 2006
                                                     and
                                             C.M.P.No.2859 of 2006

                     1.P.Muthukaruppan
                     2.P.Ondi                                 ... Defendants/Appellants/
                                                                    Appellants
                                                       .vs.

                     1.V.Muniyandi
                     2.V.Karuppaiah
                     3.Ondi Veerammal
                     4.M.Aadavalli
                     5.M.Paulraj
                     6.M.Ondiveeri
                     7.M.Muthupandi
                     8.M.Ponnuthayee
                     9.M.Paulpandi
                     10.Minor Jeyapandi
                       (Rep. by mother M.Aadavalli)
                     11.Minor Lakshmi
                        (Rep. by mother M.Aadavalli)
                     12.A.Ponnavadai
                     13.A.Kandasamy
                     14.P.Ponnammal                             ... Plaintiffs/Respondents/
                                                                         Respondents



                     Page 1 of 5


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                                                                                   S.A.No.364 of 2006




                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, against the judgment and decree, dated 13.10.2005 made in A.S.No.
                     25 of 2004, on the file of the Sub-Court, Aruppukottai confirming the
                     judgment and degree dated 06.08.2004 made O.S.No.170 of 1996, on the
                     file of the District Munsif Court, Aruppukottai.


                                            For Appellants    : No appearance

                                            For R1 to R3      : Mr.Vijayakumari Natarajan


                                                   JUDGMENT

When the matter was taken up for hearing on 31.01.2017, it was

reported that the first appellant died and sought time for taking steps.

However, no steps have been taken till today.

2. When the matter was taken up for hearing on 06.08.2024, the

learned counsel appearing for the appellants reported 'No Instructions' and

he has also filed a memo to that effect. The said memo is recorded.

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3. Hence, this Court directed the Registry to print the name of the

appellants in the cause-list and posted the matter under the caption 'for

dismissal' today i.e., on 07.08.2024. Today also there is no representation

on behalf of the appellants either in person or through counsel. This shows

that the appellants are not interested in prosecuting the appeal. Hence, this

Court has no other option except to dismiss the appeal for non-prosecution.

4.Accordingly, the second appeal is dismissed for non-

prosecution. No costs. Consequently, connected miscellaneous petition is

closed.

Index : Yes / No Speaking Order : Yes / No 07.08.2024 am

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To

1.The Sub-Court, Aruppukottai.

2.The District Munsif Court, Aruppukottai.

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

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V.BHAVANI SUBBAROYAN, J.

am

07.08.2024

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