Madras High CourtSA/1136/2002dismissed for nonprosecution

Kasinathan v. Chittai Ammal

2021-06-16Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.A. No.1136 of 2002 and CMP No.9207 of 2002

1. Kasinathan

2. Velumail

3. Ambigapathy

4. Thiyagarajan .... Appellants

Versus

1. Chittai Ammal

2. Muthu Udayar

3. Sarasu

4. Pachayammal

5. Durairaj

6. Vadamalli

7. Indirani

8. Chinnapillai

9. Rajendran

10. Kamatchi

11. Krishnamoorthy

12. Charanthaiya

13. Asaithambi

14. Parimala RR10 to 14 brought on record as Lrs of the deceased R2 viz., Muthu Udayar vide order of Court dated 11.06.2019 in CMP No.18846 to 18848 of 2003 .... Respondents Prayer : Second Appeal filed under Section 100 of the Civil Procedure code, against the judgment and the decree of the Principal District Judge, Villupuram, dated 17.10.2001 in A.S. No.114 of 2000 by dismissing the appeal, by confirming the judgment and decree of the learned Principal District Munsif, Ulundarpet, dated 25.07.2000 in O.S. No.168 of 1997 https://hcservices.ecourts.gov.in/hcservices/

For Appellants :

No appearance For Respondents :

Mr.V. Girish Kumar for R1 R2 - Died steps taken R4 and R8 - Served - No appearance R3 - No Residence R5 - Tapal returned R7 and R11 - Died R10, R12 to R14 - No appearance

JUDGMENT

(Heard through Video Conference) There is no representation on the side of the appellants. Steps have also not taken to bring on record the Legal Representatives for the deceased appellants. By an earlier order, dated 23.04.2021, this Court has made it clear that if steps are not taken to bring on record the Legal Representatives for the deceased appellants before the next hearing date, the Second Appeal shall stand automatically dismissed for non prosecution. Since, the learned counsel for the appellants has not complied with the order dated 23.04.2021, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi2 To 1.The I Additional Subordinate Judge, Cuddalore.

2.The Additional District Munsif, Cuddalore.

Copy to The Section Officer, V.R.Section, High Court, Madras.

S.A. No.1136 of 2002 LN (CO) PR (16/08/2021) https://hcservices.ecourts.gov.in/hcservices/