S.A.(MD).No.98 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2025 CORAM THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN S.A.(MD).No.98 of 2019 and C.M.P.(MD).No.2665 of 2019 1.A.Dinaharan 2.M.Kalanithi 3.M.Ashok Kumar ... Appellants/Appellants/ Plaintiffs Vs. 1.T.Santhana Lakshmi (Died) 2.T.Gopal ... Respondents 1 and 2/ Respondents/Defendants 3.S.Jeya 4.Vasantha 5.Durairaj (R-3 to R-5 are brought on record as LRs of the deceased 1st respondent vide Court order dated 21.11.2023 made in C.M.P.(MD).No.8016 of 2021 in S.A.(MD).No.98 of 2019) (Name of R-3 and R-5 amended vide Court order dated 04.11.2024 made in C.M.P.(MD).No.10756 of 2024 in S.A.(MD).No.98 of 2019) ... Respondents 3 to 5 https://www.mhc.tn.gov.in/judis S.A.(MD).No.98 of 2019 PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to allow the Second Appeal and set aside the judgment and decree dated 14.08.2018 made in A.S.No.17 of 2017 on the file of the I Additional Sub Court, Madurai (Melur Camp) confirming the judgment and decree dated 01.12.2016 made in O.S.No.185 of 2004 on the file of the District Munsif Court, Melur. For Appellants : No appearance For R-2 to R-5 : Mr.S.Vellaichamy JUDGMENT When the Second Appeal was listed on 30.07.2025, the following order was passed: “It is seen that the appellants 1 and 2 had taken back the bundle and change of vakalat had been filed by one Mr.V.Vijayasethupathy. The learned counsel for the 3rd appellant submits that in fact they have taken the entire bundle. Since the 3rd appellant is in abroad, they are yet to file change of vakalat for the 3rd appellant. 2.Even though the appeal has been listed for hearing on 06.06.2025, 02.07.2025 and 21.07.2025, the learned counsel, who had filed change of vakalat for the appellants 1 and 2 did not appear. 3.The learned counsel for the 3rd appellant, who is still continuing on record is present. Since there is no representation https://www.mhc.tn.gov.in/judis S.A.(MD).No.98 of 2019 for the appellants 1 and 2, who in fact, is also to appear for the 3rd appellant, post the matter 'for dismissal' on 04.08.2025.” 2. Even today, when the Second Appeal is listed under the caption 'for dismissal', there is no representation on the side of the appellants. 3. In view of the above, it is evident that the appellants are not interested in prosecuting the appeal. As such, the Second Appeal is dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. 04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The I Additional Sub Court, Madurai (Melur Camp). 2.The District Munsif Court, Melur. 3.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai. Page 3 of 4 https://www.mhc.tn.gov.in/judis S.A.(MD).No.98 of 2019 G.ARUL MURUGAN,J. Lm S.A.(MD).No.98 of 2019 04.08.2025 https://www.mhc.tn.gov.in/judis