C.Rajamanickam (Died) vs Vellure Bhava
2024 Latest Caselaw 18324 Mad

Madras High Court

C.Rajamanickam (Died) vs Vellure Bhava on 13 September, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                           S.A(MD)No.211 of 2006


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 13.09.2024

                                                  CORAM

                    THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                          S.A(MD)No.211 of 2006

                1.C.Rajamanickam (Died)
                2.R.Valli (Died)
                3.C.Vijayarani
                4.T.Rathinamala
                5.C.R.Jegadeeswaran
                6.P.Latha
                7.H.Sasirekha
                8.R.Vasuki
                9.R.Saravana Kannan
                10.C.Pousala                                     ... Appellants
                (Appellants 3 to 10 are brought on record as
                 LRs of the deceased first appellant as per
                 the order dated 21.07.2015 made in
                 M.P.Nos.1 to 3/2014 in S.A.No.211/2006)

                (Memo dated 12.09.2019 in USR No.38168 is
                 recorded as second appellant died and
                 appellants 3 to 10, who are already on
                 record, are recorded as LRs of the deceased
                 second appellant)

                                                 Vs.

                1.Vellure Bhava
                2.Mariam Bibi (Died)
                3.C.Ramasamy
                4.Velurammal
                5.Pathumuthu Bivi
                6.Mustafa
                7.Abubacker
                (The respondents 3 to 7 are given up
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                1/4
                                                                              S.A(MD)No.211 of 2006


                 in this second appeal)
                8.Rafiya Begum
                9.Rugumath
                10.Jennath
                11.Ameena
                (RR8 to 11 are brough on record
                 as LRs of the deceased second
                 respondent vide Court Order
                 dated 22.02.2020)                          ... Respondents


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

                Procedure against the decree and judgment dated 18.04.2005 rendered in

                A.S.No.36 of 2002, on the file of the III Additional Subordinate Court,

                Madurai confirming the decree and judgment dated 15.10.2001 rendered in

                O.S.No.87 of 1997, on the file of the District Munsif, Madurai Taluk at

                Madurai.


                                  For Appellants            : No appearance
                                  For R3 to R7              : Given up
                                  For R8 to R11             : Mr.S.A.Ajmal Khan


                                                    JUDGMENT

When the matter was taken up for hearing on 03.09.2024, the

learned counsel appearing for the appellant reported 'no instructions'. Hence,

this Court had directed the Registry to print the name of the appellants in the

cause list and directed to list the matter on 13.09.2024.

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2.When the matter is taken up for hearing today, 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 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.

                                                                                 13.09.2024
                NCC               : Yes/No
                Index             : Yes/No
                am


                To

1. The III Additional Subordinate Court, Madurai.

2.The District Munsif, Madurai Taluk at Madurai.

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

13.09.2024

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