Madras High CourtSA/1676/1993dismissed as abated

Vaiyapuri Padayachi, v. Veerasamy, S/O Boorasamy

2016-11-02Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2016 CORAM :

THE HONOURABLE Dr. JUSTICE G. JAYACHANDRAN SA.No.1676 of 1993 and CMP.No.642 of 2009

1. Vaiyapuri Padayachi (died) 2.Vishalakshi Ammal (2nd appellant brought on record as the legal representative of the deceased sole appellant vide order dt.23.07.1996 in CMP.Nos.18695 and 18696 of 1995) .. Appellant Vs.

1.Veerasamy 2.Govindammal 3.Lakshmi 4.Malarkodi 5.Tamilselvi 6.Minor Danavel 7.Minor Nehru 8.Minor Elavarasu Minors 6 to 8 represented by Court Guardian Advocate Mr.Francis Xavier, DMC, Jayamkondan ... Respondents Second Appeal is filed under Section 100 of C.P.C. against the judgment and decree dated 19.11.1992 made in AS.No.152 of 1989 on the file of the Subordinate Judge, Ariyalur reversing the judgment dated 27.02.1989 made in OS.No.179 of 1988 on the file of the District Munsif, Jayamkondam.

For Appellant : Mr.J.Ramakrishnan for Sarvabhauman Associates For Respondents 2 to 5 : Given up

JUDGMENT

Today, when the matter was posted under the caption "for dismissal", the learned counsel for the appellant represented and sought some more time to bring the legal representatives of the sole appellant.

2.The perusal of records would reveal that as early as on 02.04.2013, the counsel has informed this Court that the sole appellant died and he needs time to take steps. Again, the matter was listed on 01.11.2016, there is no representation on https://hcservices.ecourts.gov.in/hcservices/

behalf of the appellant and directed to be posted today under the caption "for dismissal".

3.Mr.J.Ramakrishnan, learned counsel appearing for the appellant seeks time for taking steps. This Court finds, no bonafide reason to grant any further time and since, the sole appellant died as early as on 02.04.2013, already more than three years have been lapsed and the appeal has been abated long back.

4.In view of the above, the second appeal stands dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar tsh To

1. The Subordinate Judge, Ariyalur.

2. The District Munsif, Jayamkondam.

+1 cc to M/s.Sarvabhauman Associates vide sr 62362 SA.No.1676 of 1993 mv(co) aa23/11/2016 https://hcservices.ecourts.gov.in/hcservices/