Second Appeal under Section 100 CPC lacking any representation from appellants. Court inferred lack of interest and dismissed appeal for non-prosecution.
Second Appeal dismissed for non-prosecution. No order as to costs.
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S.A.(MD).No.230 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.03.2023
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
S.A.(MD).No.230 of 2022
S.Dhanasekar (Died)
1.D.Mariselvi
2.D.Nithya Thanga
3.D.Nandhini Priya
4.D.Subaidha
5.Minor D.Adhithya
6.S.Thangammal ... Petitioners/Proposed Appellants
(cause title accepted vide Court order dated 10.02.2022 made in C.M.P. (MD).No.8673 of 2021 in S.A.(MD).SR.No.51123 of 2021.)
Vs.
1.S.Kanagar Rajamani
2.K.Anand
3.K.Aravind
4.S.Selvaraj
5.S.Kalidass
6.Pattammal
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S.A.(MD).No.230 of 2022
7.B.Yesothai
8.S.Nithya ...Respondents/Respondents/Defendants
Prayer : Second Appeal is filed under Section 100 of CPC to set aside the Judgment and Decree in A.S.No.34 of 2018 on the file of the Additional District Judge of Fast Track Court, Theni dated 05.04.2019 and confirming the Judgment and Decree dated 04.09.2017 in O.S.No.134 of 2010 on the file of the Subordinate Judge, Madurai.
For Appellants : No appearance For Respondents : Mr.M.P.Senthil
JUDGMENT
There is no representation on the side of the appellants. As seen from the earlier proceedings on 30.03.2022, 31.03.2022 and 04.04.2022, the appellants have remained unrepresented. In fact, earlier on two occasions, this Court had directed the Second Appeal to be posted for dismissal. Today also, there is no representation on the side of the appellants. It can now be inferred that the appellants are not interested in prosecuting this Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. There shall be no order
as to costs.
10.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm
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S.A.(MD).No.230 of 2022
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S.A.(MD).No.230 of 2022
ABDUL QUDDHOSE, J.
Lm
S.A.(MD).No.230 of 2022
10.03.2023
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S.Dhanasekar (Died)
D.Mariselvi
D.Nithya Thanga
D.Nandhini Priya
D.Subaidha
Minor D.Adhithya
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
