Diwan Mohideen vs Thirumalaiyandi Konar
2024 Latest Caselaw 19234 Mad

Madras High Court

Diwan Mohideen vs Thirumalaiyandi Konar on 3 October, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                         S.A(MD)No.573 of 2005


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          DATED : 03.10.2024

                                                 CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                         S.A(MD)No.573 of 2005


                1.Diwan Mohideen
                2.Nainar Mohamed
                3.Sethu Uthuman
                4.Muthar Mohideen
                5.Fathimal Beevi
                6.Asanammal @ Mumtaj
                7.Meeral
                8.Rasul Beevi
                9.Barakath
                10.Kadeejal Beevi
                11.Rahima Begum
                12.Ayeeshal                                    ... Appellant


                                                Vs.


                1.Thirumalaiyandi Konar
                2.S.M.Rahmathullah                             ... Respondents


                Prayer: Second Appeal filed under Section 100 of the Code of Civil

                Procedure against the judgment and decree, dated 09.02.2001 made in

                A.S.No.44 of 1997, on the file of the Principal Sub-Court, Tenkasi

                confirming the judgment and decree, dated 30.04.1996 made in

                O.S.No.84 of 1993, on the file of the District Munsif Court, Shenkottai.




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                                                                               S.A(MD)No.573 of 2005


                                  For Appellants             : No appearance
                                  For R1                     : Dismissed
                                  For R2                     : No appearance


                                                      JUDGMENT

When the matter was taken up for hearing on 29.08.2024,

Mr.S.Ramesh @ Ramaish, learned counsel appearing for the appellants

submitted that he could not contact the parties and the lower Court

counsel is no more and hence, he is not in a position to get instructions

regarding the present status of the case. Further, Mr.C.Vakeeswaran,

learned counsel appearing for the second respondent reported 'no

instructions'. Hence, this Court directed the registry to issue notice to

the appellants and delete the name of Mr.C.Vakeeswaran and directed to

list the matter on 20.09.2024.

2. Again, when the matter was taken up for hearing on

20.09.2024, this Court further directed the Registry to print the names

of the appellants and post the matter on 24.09.2024 'for dismissal'. On

that day, at the request of the learned counsel appearing for the second

appellant, the matter is adjourned to 03.10.2024.

3. Today when the matter is taken up for hearing, even though

the name of the appellants have been printed in the cause list, there is

no representation on behalf of the appellants and the respondents and https://www.mhc.tn.gov.in/judis

the same clearly indicates that the appellants have not shown any

interest to prosecute the appeal any further. Hence, the Second Appeal

is dismissed for non-prosecution. No costs.

                                                                        03.10.2024
                NCC               : Yes/No
                Index             : Yes/No
                am



                To

                1.The Principal Sub-Court,

                    Tenkasi.

                2.The District Munsif Court,

                    Shenkottai.

                3.The Record Keeper,
                    V.R. Section,

Madurai Bench of Madras High Court, Madurai.

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

V.BHAVANI SUBBAROYAN, J.

am

Judgment made in

03.10.2024

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