S.Mylathal vs Sundarammal
2024 Latest Caselaw 18785 Mad

Madras High Court

S.Mylathal vs Sundarammal on 24 September, 2024

                                                                                S.A.No.872 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 24.09.2024

                                                     CORAM:

                                   THE HONOURABLE MR. JUSTICE P.B.BALAJI

                                                S.A.No.872 of 2010
                                               and M.P.No.1 of 2010

                     1.S.Mylathal
                     2.S.Anandakumar
                     3.S.Kavitha
                     4.S.Sekar                                                 ... Appellants

                                                         Vs

                     1.Sundarammal
                     2.Mylathal                                                ... Respondents

                     [Cause title accepted vide order
                     dated 15.07.2010 in M.P.No.1
                     of 2010]

                     Prayer: The Second Appeal filed under Section 100 of the Civil
                     Procedure Code against the Judgment and Decree, dated 28.06.2007
                     passed in A.S.No.23 of 2007 on the file of the Appellate Authority and I
                     Additional Subordinate Judge's Court, Coimbatore, confirming the
                     judgment and decree dated 09.10.2006 made in O.S.No.884 of 2005 on
                     the file of the I Additional District Munsif Court, Coimbatore.




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                                                                                      S.A.No.872 of 2010

                                        For Appellant      : Mr.S.Mukunth
                                                             Senior Counsel
                                                             for M/s.Sarvabhauman Associates

                                        For Respondents : Mr.K.Krishnan
                                                          for Mr.T.R.Rajaraman


                                                         JUDGMENT

The Civil Revision Petition has been filed against the judgment and

decree dated 28.06.2007 passed in A.S.No.23 of 2007 on the file of the

Appellate Authority and I Additional Subordinate Judge's Court,

Coimbatore, confirming the judgment and decree dated 09.10.2006 made

in O.S.No.884 of 2005 on the file of the I Additional District Munsif

Court, Coimbatore.

2.Mr.Mukunth, learned Senior Counsel appearing for the appellants

would submit that despite several communications sent to the appellants,

there is no interest shown by the appellants to pursue the second appeal.

Hence, he requests the Court that the said submission be recorded and the

Second Appeal accordingly be disposed of. It is also represented that the

1st respondent also died long back.

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3.Recording the said submission made by the learned Senior

Counsel for the appellants, the second appeal is dismissed for non-

prosecution. There shall be no order as to costs. Consequently, connected

Miscellaneous Petition is closed.

24.09.2024

Index:Yes/No Speaking order/Non-speaking order

ata

To

1.The I Additional Subordinate Judge's Court, Coimbatore.

2.The I Additional District Munsif Court, Coimbatore.

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

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P.B.BALAJI,J.

ata

24.09.2024

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