This court dismissed a second appeal for non-prosecution. Counsel for the appellant, whose client had attained majority, reported no instruction despite notice, leading to the dismissal of the appeal.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2016
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Second Appeal No.489 of 2008
Minor Sarathi Represented by Next Friend D.Sasikala, W/o.K.P.Damodaran Pillai, Residing at, Lakshmi Nagar, Vaiyambadi Road, Tirupattur Town. ... Appellant/Plaintiff
Vs
1.Rafeequnnisse 2.Md.Ghouse 3.D.Kannan 4.D.Hemavathi 5.K.P.Damodaran Pillai ... Respondents/Defendants
Prayer:Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree passed by the Subordinate Court, Tirupattur dated 24.04.2006 in A.S.No.81 of 2005 confirming the judgment and decree passed by the District Munsif, Thirupathur dated 17.06.2005 in O.S.No.616 of 1998.
JUDGMENT
When the matter was called on 22.11.2016, the learned counsel for the appellant submitted that the minor appellant attained majority and the second respondent herein died. In view of the above position, this Court directed the learned counsel to take steps. However, the learned counsel for the appellant reported no instruction despite notice sent by him to the appellant. Therefore, Registry was directed to print the name of the appellant and to post the matter on 29.11.2016.
2.Even today (29.11.2016) also, there is no representation on behalf of the appellant. It appears that the appellant is not interested in prosecuting the matter further. Accordingly, the Second Appeal is dismissed for non prosecution. There shall be no order as to costs.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
jbm
To
1.The District Munsif,
Thirupathur.
2.The Subordinate Judge,
Tirupattur.
+1cc to Mr.K.R.A.Muthukrishnan, Advocate, S.R.No.69877
Second Appeal No.489 of 2008
VD(CO)
CA(30/12/2016)
Minor Sarathi Represented by Next Friend D.Sasikala W/o.K.P.Damodaran Pillai
Rafeequnnisse
Md. Ghouse
D. Kannan
D. Hemavathi
K.P.Damodaran Pillai
Justice G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
