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Madras High Court

M.Ponnuthayammal vs M.P.Ramadoss on 25 April, 2017

Author: N.Authinathan

Bench: N.Authinathan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

Dated: 25.04.2017 

CORAM   

The HONOURABLE MR.JUSTICE N.AUTHINATHAN           

S.A.No.1237 of 1998 
and 
Cross Obj.No.30 of 1999 

S.A.No.1237 of 1998 
1.M.Ponnuthayammal   
2.S.Kalavathi
3.G.Saraswathi 
4.M.Ramakrishnan  
5.M.Alagarsami                                  .. Appellants       

Vs 

1.M.P.Ramadoss   
2.Ponnuthayammal   
3.M.P.Devamani                                  .. Respondents         

Prayer:- Second Appeal has been filed under Section 100 of Civil Procedure
Code against the Judgment and Decree, dated 05.02.1998 passed by the learned  
District Judge, Kamarajar District at Srivilliputhur in A.S.No.149 of 1997
reversing the judgment and decree dated 22.07.1997 of the learned Additional
Subordinate Judge, Srivilliputhur, made in O.S.No.60 of 1993.

!For Appellant                       : No Appearance.   

^For Respondents                : No Appearance. 

Cross Obj.No.30 of 1999 
1.M.P.Ramadoss   
2.Ponnuthayammal        .. Respondents 1 & 2/Cross Objectors 
Vs.
1.M.Ponnuthayammal   
2.S.Kalavathi
3.G.Saraswathi 
4.M.Ramakrishnan  
5.M.Alagirisamy                 .. Appellants/Respondents         
6.M.P.Devamani                  ..3rd  respondent/Respondent.        
(6th respondent Exonerated and notice may be dispensed with in memo USR.2841    
dated 06.09.2012 to the effect it is recorded on 18.04.2017 in both
S.A.No.1237 of 1998 and Cross Obj.No.30 of 1999) 
Prayer:- Cross Objection has been filed under Order 41 Rule 22 of Civil
Procedure Code when the Second Appeal have preferred against the Judgment and   
Decree, dated 05.02.1998 passed by the learned District Judge, Kamarajar
District at Srivilliputhur in A.S.No.149 of 1997 reversing the judgment and
decree dated 22.07.1997 of the learned Additional Subordinate Judge,
Srivilliputhur, made in O.S.No.60 of 1993 and whereas the notice fixed for
hearing of the Second Appeal has been served on the Respondents/Cross  
Objectors on 23.09.1998.

        For Cross Objectors            : No Appearance. 
             For Respondents            : No Appearance. 



:COMMON JUDGMENT       

When the matter was taken up for hearing on 18.04.2017, there was no representation on behalf of the Appellants. Therefore, the case was ordered to be listed today under the caption ?for dismissal?. Even today(25.04.2017),when the matter is called, there is no representation for both sides in both Second Appeal and Cross Objection. Hence the Second Appeal is dismissed for Non Prosecution and the Cross Objection is also dismissed for Non Prosecution. No costs.

To

1. The District Judge, Virudhunagar District at Srivilliputhur.

2. The Additional Subordinate Judge, Srivilliputhur..