Minor Sivasudan v. C.Ramachandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.07.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN A.S.No.789 of 2008 and C.M.P.No.1 of 2008

1. Minor Sivasudan S/o.Karthikeyan

2. Minor Sivareakha D/o.Karthikeyan both represented by their next friend & guardian B.Kaliamurthy ...Appellants/Plaintiffs Vs.

1. C.Ramachandran

2. R.Radha (Deceased)

3. P.R.Chidambaram

4. C.Subramanian

5. S.Karthikeyan 6.Sundarambal

7. R.Appasamy

8. K.Natarajan

9. M.Thyagarajan 10.K.Kalimuthu 11.Sellappan 12.K.S.Duraiswamy

13.R.Balashanmugam 14.J.Renukadevi 15.R.Tamilarasi [ RR1, RR3 to RR12 in O.S called absent. Set exparte.

Not necessary parties in this A.S] [RR14 and R15 brought on record as LRs of the deceased 2nd respondent vide order of this Court dated 02.01.2018 made in M.P.No.1 of 2011 in A.S.No.789 of 2008 ]

...Respondents

Prayer: First Appeal filed under Section 96 of C.P.C., against the decree and judgment in O.S.No.121 of 2005 dated 21.04.2008 on the file of the First Additional District Judge of Coimbatore. For Appellants :Mr.S.Saravanakumar for Mr. Sudhakar For RR13 : Mr.S.V.Jayarman, SC for M/s. V.Sanjeevi For RR1 & RR3 to R12: Set exparte For RR14 & R15 : No appearance

J U D G M E N T

Counsel for R13 present.

2. As could be seen from the notes paper, the matter has been listed now and then for enabling the appellants to take steps for the deceased parties. Despite several indulgence, the appellants have not taken proper steps to implead the L.Rs of the deceased parties and proceed with the appeal further.

3. Furthermore, at one stage of the matter, it is seen that the matter has been listed under the caption " for dismissal" and on the representation of the appellants' counsel that he would take steps for the deceased parties immediately, the matter has been adjourned today.

4. Today, the counsel for the appellants sought further time for taking steps for the deceased parties. The above request is declined. Considering the above position, as sufficient time had already been granted to the appellants to take steps for the deceased parties and to proceed further in

the matter and on the other hand as the appellants had not evinced interest to take appropriate steps as per law, there is no purpose in keeping this First Appeal further pending.

5. In the light of the above position, the First Appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. MEMORANDUM OF COSTS AS 789 OF 2008 Respondent(Defendant's) Costs Rs. p Stamp for Vakalatnama 10 00 Advocate's fee FC Not Filed Translation and Printing/Typing charges 118 00 To be paid by the Appellant to the Respondent() -------- 128 00 -------- Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar mfa To The First Additional District Judge, First Additional District Court, Coimbatore.

Copy To : The Section Officer, VR Section, High Court, Chennai.

+1cc to Mr.V.Sanjeevi, Advocate SR.No.62600 A.S.No.789 of 2008 and C.M.P.No.1 of 2008 PM(CO) GMY(01/11/2019)