Second appeal dismissed for want of instructions from the appellant; counsel could not obtain instructions, so the appeal was dismissed as non-prosecution with liberty granted to restore it. The accompanying CMP was allowed and original documents were to be returned.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.01.2025
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
S.A(MD)No. 263 of 2013 and C.M.P(MD)No.10666 of 2021
A.Mariappan Adopted Son of Late.Ayyanadar
... Appellant
Vs.
PRAYER: Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree passed by the Learned Subordinate Judge, Srivilliputtur in A.S.No.25 of 2004 dated 31.08.2012 confirming the Judgment and Decree of the Learned Additional District Munsif, Srivilliputtur in O.S.No.101 of 1986.
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For Appellant : M/s.M.Ashokkumar
For Respondents : R-1 Died
M/s.Jessi Jeeva Priya, for R-2 to R-7
JUDGEMENT
The Learned counsel appearing for the Appellant submitted that
there is no possibility for getting instructions from the Appellant.
get any instructions from the Appellant, this Second appeal is dismissed as non prosecution. However, liberty is granted to the appellant to restore the second appeal and adjudicate the same, if so advised. No Costs. Consequently, C.M.P(MD)No.10666 of 2021, is allowed.
30.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No
KSA
Note : Registry is directed to return the original documents.
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To
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S.SRIMATHY, J.
KSA
Judgment made in S.A(MD)No. 263 of 2013
30.01.2025
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1 provisions across 1 enactments
A.Mariappan Adopted Son of Late.Ayyanadar
Dhalavaipandian [Died]
Rajalakshmi
Thangamudi
Rajapandiyan
Thenaruvi
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
