Madras High CourtSA/1364/2002dismissed as abated

Ayyasamy, v. Ponnan,

2019-03-08Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2019

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN S.A.No.1364 of 2002 Ayyasamy ...Appellant Vs.

1. Ponnan

2. Kuzhandai Pillai

...Respondents

R2 set exparte in trial court Prayer:

Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree passed by the Subordinate Judge at Kallakurichi made in A.S.No.104 of 1997 dated 19.07.2000 confirming the judgment and decree made in O.S.No.338 of 1992 dated 23.11.1996 on the file of the District Munsif court, Kallakurichi.

For Appellant : Mr.R.Balasubramanian For Respondents : No appearance

JUDGMENT

It is seen that the appellant has not taken steps to bring the legal heirs of the deceased first respondent on record as per law. Thus it is evident that the appellant is not ready to prosecute the appeal in accordance with law. In the light of the above position, in my considered opinon, there is no purpose in keeping the appeal further pending.

2. In the light of the above position, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition, if any, is closed.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar bga https://hcservices.ecourts.gov.in/hcservices/

TO 1.The Subordinate Judge, Kallakurichi 2.The District Munsif, Kallakurichi.

Copy TO The Section Officer, V.R. Section, High Court, Madras.(2 copies) S.A.No.1364 of 2002 MP(CO) GN(03/04/2019) https://hcservices.ecourts.gov.in/hcservices/