M.Jayapaul vs Thamizharasi
2024 Latest Caselaw 18705 Mad

Madras High Court

M.Jayapaul vs Thamizharasi on 23 September, 2024

                                                                                 S.A.No.1383 of 2011

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 23.09.2024

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

                                                 S.A.No.1383 of 2011


                   1.M.Jayapaul
                   2.M.Subramanian
                   3.Thendral Manimozhi                         ...Appellants / Appellants /
                                                                       Plaintiffs

                                                        -Vs-


                   Thamizharasi                                 ...Respondent / Respondent
                                                                        Defendant



                   Prayer:- Second Appeal preferred under 100 of CPC against the judgment
                   and decree dated 21.03.2011 made in A.S.No.83 of 2010 on the file of the
                   Principal Sub Court, Myladuthurai, confirming judgment and decree dated
                   26.10.2011 made in O.S.No.186 of 2007 on the file of the District Munsif
                   Court, Sirkazhi.


                                    For Appellants        : Mr.R.N.Amarnath
                                    For Respondent        : No appearance




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https://www.mhc.tn.gov.in/judis
                                                                                  S.A.No.1383 of 2011

                                                   JUDGMENT

When the case was taken up for hearing on earlier occasions on

08.11.2021, 09.06.2023, 20.08.2024, 04.09.2024 and 11.09.2024, it was

submitted by the learned counsel for the appellants that the second

appellant is no more and sought time for taking steps to bring on record the

legal representatives of the deceased, second appellant, and this Court

directed the Registry to list the matter under the caption “For Dismissal” on

23.09.2024 [today].

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

today, there is no material to show that the learned counsel for the

appellants had taken steps so far, and there is no representation for the

respondent herein. Hence, this Court is left with no other option except to

dismiss the appeal for non-prosecution.

3. The Second Appeal stands dismissed for Non-Prosecution. No

costs.

23.09.2024 cda Index : Yes/No Speaking/Non Speaking order

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

To

1.The District Munsif Court, Sirkazhi.

2.The Principal Sub Court, Myladuthurai.

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

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

N.SENTHILKUMAR, J.

cda

23.09.2024

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