Second appeal against concurrent decrees in a property suit dismissed for non-prosecution after appellants failed to respond to their counsel's communication and took no steps to implead legal representatives of the deceased third appellant.
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S.A.No.202 of 2021
IN THE HIGH COURT OF JUDICATUE AT MADRAS
DATED: 13.06.2024
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
S.A.No.202 of 2021 and
C.M.P.No.4121 of 2021
1.Yashothaiammal 2.A.Dhanalakshmi 3.Hemamalini @ Poongothai 4.R.Radhamani 5.R.Geetha 6.A.Vijaya Raguraman .. Appellants
Vs
Sarojini .. Respondent
Prayer: This Appeal is filed under Section 100 CPC against the judgment and decree dated 13.09.2019 passed in A.S.No.138 of 2018 by the II Additional District Judge, Erode, confirming the judgment and decree dated 25.07.2018 passed in O.S.No.510 of 2014 by the II Additional Subordinate Judge, Erode.
For Appellants : Ms.Deepika for Mr.R.Manickavel For Respondent : Mr.N.S.Balaji for Mr.M.Guruprasad
JUDGMENT
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S.A.No.202 of 2021
The learned counsel for the appellants has filed a letter dated
18.01.2024 sent by him to the first appellant seeking further instructions. The said communication has also been received by the first appellant as seen from the acknowledgment card. However, till date, no instructions have been received.
It is also noted that the third appellant is dead and no steps have been taken to bring on record the legal representatives of the deceased third appellant. Since the appellants have failed to respond to the appellants' counsel communication, it is clear that they are not interested in prosecuting this second appeal. The second appeal is of the year 2021. The appellants had lost in the suit as well as in the first appeal. It can be now inferred that the appellants are not interested in prosecuting the appeal. Accordingly, the second appeal is dismissed for non-prosecution. No Costs. C.M.P.No.4121 of 2021 is closed.
13.06.2024
Index: yes/no Neutral citation: yes/no rkm
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S.A.No.202 of 2021
To
ABDUL QUDDHOSE,J.
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S.A.No.202 of 2021
rkm
S.A.No.202 of 2021
and C.M.P.No.4121 of 2021
13.06.2024
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1 provisions across 1 enactments
Yashothaiammal
A.Dhanalakshmi
Hemamalini @ Poongothai
R.Radhamani
R.Geetha
A.Vijaya Raguraman
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
