R.Kalayanasundaram v. B.Kothandapani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.1005 of 2008 and M.P. No.1 of 2008

1. R. Kalyanasundaram

2. R. Ramakrishnan

3. Muthulakshmi ...

Appellants /Defendants 1, 3 & 10

1. B. Kothandapani

2. B.Chandran ... R1 & R2/Plaintiffs 1 & 2

3. Saraswathi

4. Gnanambal

5. B.Gajendran

6. S. Sampathraj

7. Sathish Shankar

8. Shanmuga Devi

9. Saraswathi

10. Punithavelu

11. Sacrates

12. Kalai Selvi ....

Respondents /Other Defendants Second Appeal filed under Section 100 of the Code of Civil Procedure as against the Judgment and decree of the III Fast Track Court(Additional District & Sessions Judge) at Chennai made in A.S. No.636 of 2005, dated 31.07.2007 confirming the judgment and decree of the 17th Assistant Judge, City Civil Court at Chennai made in O.S. No.7437 of 1994, dated 20.06.2005. For appellants : Mr.S.Rajendrakumar For respondents : Mr.P.Seshadri R 1 & 2 RR3 to 12 - Exparte

JUDGMENT

The matter is listed under the caption "for dismissal", today. The learned counsel for the appellants reports no instructions in this matter. The Second Appeal is of the year 2008. However, the learned counsel for the respondents also submits that the 2nd respondent died long time back. Till https://hcservices.ecourts.gov.in/hcservices/

date, steps have not been taken by the appellant to bring on record the Legal Representatives for the deceased 2nd respondent. Therefore, it can now be inferred that the appellants are not interested to prosecute the Second Appeal. Accordingly, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar vsi2 To

1. The Additional District and Sessions Judge, III Fast Track Court Chennai.

2. The 17th Assistant Judge, City Civil Court at Chennai Copy To The Section Officer, V.R. Section, High Court, Madras.

S.A. No.1005 of 2008 PA(CO) GN(11/12/2019) https://hcservices.ecourts.gov.in/hcservices/