BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022 CORAM : JUSTICE N.SESHASAYEE S.A.(MD) No.310 of 2016 and C.M.P.(MD) No.3756 of 2016

1.Uthirappa Naickar

2.Nagarajan ... Appellants/Appellants/

Defendants Vs

1.Kanthasamy Naickar

2.Periasankarappa Naickar (Died) ... Respondents/Respondents/

Plaintiffs

3.Andalammal 4.Balakrishnan

5.Marichami ... Respondents 3 to 5 [R3 to R5 were brought on record as LRs of the deceased 2^nd respondent vide order dated 02.03.2012 made in M.P.(MD) Nos.1 to 3 of

2013 in S.A.SR (MD) No.52051 of 2011]

Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 18.08.2008 made in A.S.No.15 of 2008 on the file of the Sub Court, Kovilpatti confirming the judgment and decree dated 14.06.2007 made in O.S.No.268 of 2004 on the file of the District Munsif's Court, Kovilpatti.

For Appellants : No appearance For Respondents : Mr.Ponsenthilkumaran for R1 : No appearance for R3 J U D G M E N T This matter is listed today under the caption 'notice section default cases'.

2. On 02.11.2022, this Court directed the appellants to take notice on the 4^th and 5^th respondents and file proof of service.

3. Today when the matter is taken up for hearing, none appears on behalf of the appellant and the cause list shows that no proof has been filed till date. Hence, this Second Appeal is dismissed for non-prosecution. No costs.

Consequently, connected miscellaneous petition is closed.

17.11.2022 Internet:Yes Index:Yes/No abr To

1.The Sub Court, Kovilpatti.

2.The District Munsif, Kovilpatti.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

N.SESHASAYEE, J.

abr

17.11.2022