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Madras High CourtSA/1815/1999dismissed for nonprosecution

V.Krishnamoorthy(Deceased) v. 1.T.A.Subramanian And 3 Others

2019-06-06Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2019

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN S.A.Nos.1815 & 1816 of 1999 and CMP.Nos.19497 & 19498 of 1999 S.A.No.1815/1999:

V.Krishnamoorthy ... Appellant

Versus

1.T.A.Subramaniam 2.T.A.Ramamurthy (deceased) 3.The Commissioner, Tiruvannamalai Municipality, Tiruvannamalai.

4.Health Officer, Municipal Office, Tiruvannamalai.

5.Chandra 6.R.Gopi [R5 & R6 brought on record as LRs of the deceased R2 vide order dt.16.07.2013 in CMP.No.896 & 897 of 2010] ... Respondents S.A.No.1816/1999:

1.V.Krishnamoorthy (deceased) 2.Narayanan 3.Pattabi 4.Jeevanantham 5.Jayalakshmi 6.Babu 7.Padmavathy ... Appellants

Versus

1.T.A.Subramaniyam 2.T.A.Ramamurthy 3.Chandra 4.R.Gopi ... Respondents [R3 & R4 brought on record as LRs of the deceased R2 vide order dt.16.07.2013 in CMP.No.896 & 897 of 2010]

PRAYER in S.A.No.1815/1999:

This Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 15.02.1999 in A.S.No.114 of 1997 on the file of the Additional District Court, Tiruvannamalai confirming the judgment and decree dated 29.08.1998 passed in O.S.No.53 of 1986 on the file of the Principal District Munsif Court, Tiruvannamalai. PRAYER in S.A.No.1816/1999:

This Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 15.02.1999 in A.S.No.90 of 1998 on the file of the Additional District Court, Tiruvannamalai against the judgment and decree dated 06.04.1998 passed in O.S.No.845 of 1984 on the file of the Principal District Munsif Court, Tiruvannamalai.

For Appellant (in both cases) : No Appearance For Respondents : Mr.T.R.Rajaraman (for R1) (in both cases) : R2 - died (in SA.1815/1999) : No Appearance - R3 to R6 (in SA.1816/1999) : No Appearance - R3 & R4

J U D G M E N T

It is seen from the docket orders that there was no representation on behalf of the appellants in both the appeals from 19.03.2018 onwards.

2.When the matters was taken up for hearing on 04.06.2019 also, there was no representation for the appellant in both appeals, and hence, this Court directed the Registry to list these appeals under the caption 'for dismissal' on 06.06.2019. 3.Today, when the matter is called, none appeared on behalf of appellants, inspite of the matters being listed under the caption 'for dismissal'. Hence, these Second Appeals are dismissed for non prosecution. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar klt

To 1.The Additional District Court, Tiruvannamalai.

2.The Principal District Munsif Court, Tiruvannamalai.

3.The Section Officer, V.R.Section, High Court, Madras.

S.A.Nos.1815 & 1816 of 1999 and CMP.Nos.19497 & 19498 of 1999 VSN II(CO) RRS(26/07/2019)