Since the learned counsel, who has filed vakalat for appellant earlier, filed a memo stating that he has no instructions from the appellants, this Court directed the office to issue notice to the appellants returnable by two weeks and to print the name of the appellants after service, by order dated 14.12.2016. After service of notice on the appellants, the matter appeared in the list without showing the name of the appellants in the cause list on 02.01.2017. Thereafter, the matter was listed on 03.01.2017. Despite notice has been served on appellants 1 and 2, there was no representation. This Court has also noticed that the appeal has been filed against the judgment and decree in O.S.No.40 of 1985 which was filed for partition and separate possession. Even today when the matter was called, there was no representation for the appellant. In such circumstances, this Court find that the appellants need not be shown further indulgence. Hence, the appeal is dismissed for non-prosecution. No costs.
To
1.The Subordinate Judge, Tenkasi.
2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
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