M.Ramasamy Maruthuvar vs V.N.Pandarinathan Rep on 16 November, 2018

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Madras High Court

M.Ramasamy Maruthuvar vs V.N.Pandarinathan Rep on 16 November, 2018

Bench: S.M.Subramaniam

                                                               1

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED:16.11.2018

                                                      CORAM:

                             THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                           S.A.No.1452 of 1987 and
                                   C.M.P.Nos.8598 of 1999 & 992 to 994 of 2018

                      1.M.Ramasamy Maruthuvar
                      2.Rajamanickam Maruthuvar
                      3.Singara Maruthuvar
                      4.R.Mallika
                      5.Alamelu ammal
                      6.R.Kannan Naidu
                      7.Ramaddas Naidu
                      8.Kaliamoorthy
                      9.Doraisamy                                                     ..   Appellants

                                                              Vs.

                      1.V.N.Pandarinathan rep.
                        by Power of Agent
                        V.Veerasamy

                      2.Minor Palanisamy rep.
                        by Mr.T.S.Murugesan                                     ..    Respondents

                      Prayer: Second Appeal filed under section 100 of the Code of Civil
                      praying to set aside the judgment and decree of the Lower Appellate
                      Court, allow this appeal with cost throughout.


                                  For Appellants      :            Mr.S.Krishnasamy

                                  For Respondents         :        Ms.R.Meena



http://www.judis.nic.in
                                                          2


                                                     JUDGMENT

Both the learned counsel for the appellant as well as the learned counsel for the respondents made a submission that, in spite of several efforts, they could not able to secure any instructions from their respective parties to get along with the case. It is further contended that the 9th appellant also passed away long back and the learned counsel for the appellant had taken steps in CMP.Nos.992 to 994 of 2018, however unable to secure further instructions to proceed with the matter on merits.

2. This being the inability expressed before this Court, this Court is of an opinion that no purpose would be served by keeping the present Second Appeal pending for an unspecified period, any further. Thus, Second Appeal stands closed. The respective parties are at liberty to reopen the case, if they have chosen to do so within a reasonable period of time. However, there shall be no order at costs. Consequently connected miscellaneous petitions are closed.


                                                                                     16.11.2018



                      Index     : Yes/No
                      Internet  : Yes/No

Speaking Order/Non Speaking Order sk http://www.judis.nic.in 3 To

1.The District Munsif, Vridhachalam.

2.The Subordinate Judge, Vridhachalam.

Copy To:-

The Section Officer VR Section, High Court Madras.

http://www.judis.nic.in 4 S.M.SUBRAMANIAM, J., sk SA.No.1452 of 1987 16.11.2018 http://www.judis.nic.in

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