Madras High CourtSA/684/1998dismissed for nonprosecution

S.K.Mariappan v. T.G.Srinivasaguru Rao

2021-06-28Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.684 of 1998 S.K.Mariapppan (died)

2. C.Saraswathy

3. M.Senthilkumar ...

Appellant/Plaintiff (Appellants 2 & 3 brought on record as legal heirs of the deceased sole appellant vide order of court dated 20.12.2019 made in CMP No.15071, 15075 & 15077/2019 in SA No.684/1998) Vs

1. T.G. Srinivasan (died)

2. Swaminathan (died)

3. Parvathi (died)

4. Rajagopalan

5. Parasakthi (R-5 brought on record as sole legal heir of the deceased 3rd respondent vide order dt.13.06.2000 made in CMP No.15287 of 1999)

6. Smt.Palaniammal

7. Smt.Dhanalakshmi

8. Selvi Ramani

9. Smt. Kalaivani 10.Smt.Maheswari (R6 to R10 brought on record as legal heirs of the deceased 2nd respondent Swaminathan vide order dt.18.06.2004 made in

CMP No.4532 of 2004)

11. S.kamal 12.S.Ramachandran 13.S.Malathi 14.S.Nagarajan ...

Respondents (R11 to R14 brought on record as LRs of the deceased 1st respondent Srinivasan vide order of court dated 11.06.2019 made in CMP No.78 to 80/2012 in SA No.684/1998) PRAYER: Second Appeal filed under Section 100 C.P.C. against the judgment and decree dated 20.10.1997 passed in A.S.No.12 of 1997 on the file of the Subordinate Judge, Gobichettipalayam by modifying the judgment and decree dated 30.08.1996 passed in O.S.No.70 of 1988 on the file of of the District Munsif Court, Sathyamangalam.

For Appellant : No appearance For Respondents : Mr.R.T.Doraisamy for R5 to R10

JUDGMENT

As seen from the earlier proceedings of this court dated 21.06.2021, there was no representation on the side of the appellant on that date and this Court directed the Registry to post the matter under the caption "For dismissal" today.

2. Today also, there is no representation on the side of the appellant. However, the learned counsel for the respondents 5 to 10 is present. The Second Appeal is of the year 1998. No further indulgence can be shown to the appellant. It can now be inferred that the Appellant is not interested in prosecuting this appeal. Accordingly, the second appeal is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar

rgr

1. The Subordinate Judge, Gobichettipalayam.

2. The District Munsif, Gobichettipalayam.

Copy To The Section Officer, VR Section, High Court, Madras.

S.A. No.684 of 1998 CNR(CO) GMY(20/07/2021)