Lakshmi Devi @ Rani vs R.Ramasamy (Died)
2024 Latest Caselaw 19245 Mad

Madras High Court

Lakshmi Devi @ Rani vs R.Ramasamy (Died) on 3 October, 2024

                                                                                       S.A.NO.149 OF 2021



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 03.10.2024

                                                       CORAM:

                                     THE HON'BLE MR.JUSTICE R.SAKTHIVEL

                                              S.A.NO.149 OF 2021
                                           AND CMP NO.3162 OF 2021

                    Muthusamy (Died)

                    1.Lakshmi Devi @ Rani
                    2.Renuga Devi
                    3.Naveen Prabu                              ... Appellants / Appellants /
                                                                    Plaintiffs

                                                       Versus

                    1.R.Ramasamy (Died)
                    2.R.Venkata Rathinam

                    3.Bharath State Bank
                      Rep. By its Authorized Officer
                      Thennampalayam Post,
                      Tiruppur District.

                    4.Ambika W/o. Late Ramasamy
                    5.Maragatha Valli D/o. Lata Ramasamy
                      (R1 – Died, RR4 & 5 are brought on
                       record as LRs' of the deceased R1
                      vide Court order dated 04.09.2023
                      made in CMP No.19690 of 2023 in           ... Respondents / Respondents /
                      S.A.No.149 of 2021)                           Defendants

                                                                                            Page No.1 of 4




https://www.mhc.tn.gov.in/judis
                                                                                       S.A.NO.149 OF 2021



                    PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code,
                    1908 against the Judgment and Decree dated 24.02.2020 passed in A.S.No.14
                    of 2019 on the file of Additional Sub Judge, Tiruppur, confirming the
                    Judgment and Decree dated 28.11.2018 passed in O.S.No.60 of 2009 on the
                    file of the District Munsif Court, Tiruppur.

                                  For Appellants     :     Mr.R.Inian
                                                           for M/s.K.Govi Ganesan

                                  For Respondent-1 :       Died – Steps taken

                                  For Respondents
                                  2, 4 & 5        :        M/s.Rajnish Pathiyil

                                  For Respondent 3 :       Mr.M.L.Ganesh

                                                   JUDGMENT

When the matter came up before this Court on 13.08.2024,

learned counsel for the appellants was not ready to argue the matter and at the

instance of the learned counsel for the appellants, this appeal was adjourned

to 28.08.2024. On 28.08.2024 also, learned counsel for the appellants was

not ready to argue the matter and with a view to give one more opportunity to

the appellants, this Court adjourned the appeal to 25.09.2024. Thereafter, the

matter was directed to be listed today i.e., 03.10.2024. Even today, Mr.Iniyan,

learned counsel representing M/s.K.Govi Ganesan, learned counsel on record

for the appellants seeks time to argue the matter.

https://www.mhc.tn.gov.in/judis S.A.NO.149 OF 2021

2.As stated supra, despite sufficient opportunities given, learned

counsel for the appellants is not ready to proceed with the appeal. Hence, this

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

3.Accordingly, this Second Appeal is dismissed for non-

prosecution. No costs. Consequently, connected Civil Miscellaneous Petition

is closed.

                                                                                        03.10.2024


                    Index             : Yes / No
                    Internet          : Yes / No
                    Neutral Citation : Yes / No

Speaking Order / Non-Speaking Order TK

To

1.The Additional Sub Judge Tiruppur.

2.The District Munsif Tiruppur.

https://www.mhc.tn.gov.in/judis S.A.NO.149 OF 2021

R.SAKTHIVEL, J.

TK

S.A.NO.149 OF 2021

03.10.2024

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