Shanmugapriya vs Shanmuganathan
2024 Latest Caselaw 15634 Mad

Madras High Court

Shanmugapriya vs Shanmuganathan on 12 August, 2024

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                        S.A.(MD).No.449 of 2024



                                  THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 12.08.2024

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                            S.A.(MD).No.449 of 2024
                                                      and
                                      C.M.P(MD).Nos.10292 and 10293 of 2024


                     Shanmugapriya                                      ... Petitioner

                                                       Vs

                     1. Shanmuganathan

                     2. Muniyasamy

                     3. Periyasamy

                     4. Kalingayarayan                               ... Respondents


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the Decree and Judgment of the case in A.S.No.59 of
                     2021, dated 30.08.2022, on the file of Principal District Judge,
                     Ramanathapuram by reversing the Decree and Judgement of the case in
                     O.S.No.74 of 2015 dated 24.07.2020 on the file of the Subordinate
                     Judge, Ramanthapuram.



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                                                                                S.A.(MD).No.449 of 2024




                                        For Appellant     : No Appearance

                                        For R-1           : Mr.J.M.Hassanul Bazari

                                                            *****


                                                        JUDGMENT

This second appeal has been filed seeking to set aside the decree

and judgment passed in A.S.No.59 of 2021, dated 30.08.2022, by the

learned Principal District Judge, Ramanathapuram.

2.This second appeal was listed for admission on 06.08.2024.

There was no representation for the appellant. Therefore, this case was

directed to be listed under the caption for dismissal on 07.08.2024. On

07.08.2024, the learned Counsel for the appellant sought some

accommodation to get along with the appeal. Since the appeal is listed

under the caption for dismissal, this Court was not inclined to consider

the request of the learned Counsel for the appellant. However, this Court

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

has directed the appeal to be posted on 08.08.2024 under the same

caption. Even on that day, there was no representation. Therefore, the

case is listed today under the same caption.

3.Today, when the matter is came up for hearing, there is no

representation in the morning as well as evening session.

4.Since the appellant has not shown any interest in prosecuting the

appeal, this second appeal is dismissed for non-prosecution. No costs.

Consequently, the connected miscellaneous petitions are closed.

                                                                                          12.08.2024

                     Index          : Yes / No
                     NCC            : Yes / No
                     LR

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TO:

1. The Principal District Judge, Ramanathapuram.

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

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

B.PUGALENDHI, J.

LR

Judgment made in

Dated:

12.08.2024

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