Ulaganathan (Died) vs Ambujam
2024 Latest Caselaw 20307 Mad

Madras High Court

Ulaganathan (Died) vs Ambujam on 25 October, 2024

                                                                                 S.A.No.933 of 2012

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 25.10.2024

                                                   CORAM:

                              THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

                                               S.A.No.933 of 2012


                  Ulaganathan (died)                                      ...plaintiff /
                                                                      Respondent / Appellant
                  2.Azhagudurai
                  3.Anandhan
                  4.Anbalagan
                  5.Amudha                                                    ...Respondents

                  **Appellants 2 to 5 are bring on record as the legal
                  representatives of the deceased sole appellant, viz.,
                  Ulaganathan vide Court order dated 02.11.2021 made in
                  C.M.P.No.12447 of 2021 in S.A.No.933 of 2012.

                                                      -Vs-


                  Ambujam                                                   ...Defendant /
                                                                          Appellant / Respondent



                  Prayer: Second Appeal filed under Section 100 of Civil Procedure Code,
                  against the judgment and decree in A.S.No.144 of 2008 on the file of
                  Additional District Court cum Fast Track Court, Ariyalur dated 29.10.2011
                  against in O.S.No.214 of 2000 on the file of the Additional Munsif Court,
                  Ariyalur.



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                                                                                           S.A.No.933 of 2012

                                    For Appellant         :      No appearance

                                    For Respondent        :      M/s.C.B.Kanitha
                                                                 for Mr.S.M.S.Shriram Narayanan


                                                       JUDGMENT

This Court, by order dated 25.09.2024, passed the following order:

“On 06.09.2024, the learned counsel for the appellants submitted that they had given Change of Vakalat for the appellants and also filed a memo to that effect and requested to delete the names of the counsel for the appellant and to print the name of the appellants.

2. Even though the name of the appellants are printed in the cause list, there is no representation on behalf of the appellants.

3. Learned counsel for the respondent is ready.

4. Post the second appeal under the caption “For Dismissal” on 25.10.2024.”

2. Even though the appeal is listed under the caption “For Dismissal”

today, there is no representation for the appellants. Hence, this Court is left

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

3. The learned counsel on record by name, M/s.Usha Ramman,

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appearing for the appellants, has filed a memo dated 02.10.2024, which reads

as follows:

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Recording the same, the Second Appeal stands dismissed for non-

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prosecution. No costs.

25.10.2024 cda Index : Yes / No Speaking / Non-Speaking Order

To

1.The Additional District Court cum Fast Track Court, Ariyalur.

2.The Additional Munsif Court, Ariyalur.

3.The Section Officer, VR Section, High Court, Chennai.

N.SENTHILKUMAR, J.

cda

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

25.10.2024

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