Madras High CourtSA/1463/2008dismissed as abated

The Special Tahsildar v. N.M.Chandrasekaran Chettiar

2019-11-26Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.1463 of 2008 The Special Tahsildar, Adi Dravida Welfare, Thirupattur.

...

Appellant/Respondent Vs N.M.Chandrasekaran Chettiar ...

Respondent /Appellant Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and decree made in L.A.C.M.A.No.2/1997, dated 17.12.2004 on the file of Sub Court, Thirupattur, modifying the award made in Award No.41/95-96 (Proceedings A-1/338-94), dated 25.03.1996, passed by the Special Thasildhar (Adi Dravidar Welfare, Thirupathur). For appellant : Mr.A.Dev Narendiran Government Advocate For respondent : Mr.P.S.Kothandaraman

JUDGMENT

By an earlier order dated 24.10.2019, this Court directed the learned counsel for the appellant to take steps to bring on record the Legal Representatives for the deceased sole respondent and a further direction was given that if no steps are taken, the Second Appeal shall stand automatically dismissed as abated.

2. Today, the matter was taken up for hearing. Even though, a Memo has been filed by the learned counsel for the respondent stating that the sole respondent is dead as early as on 13.05.2010, till date, no steps have been taken by the learned counsel for the appellant to bring on record the Legal Representatives for the deceased sole respondent. Even today, the learned counsel for the appellant seeks an adjournment for https://hcservices.ecourts.gov.in/hcservices/

taking steps. The Second Appeal is of the year 2008. Since, no steps have been taken to bring on record the Legal Representatives for the deceased sole respondent and in view of non compliance of the earlier order, dated 24.10.2019, the Second Appeal stands abated. No costs.

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

1. The Sub Judge, Thirupattur.

2. The Special Thasildhar (Adi Dravidar Welfare, Thirupathur).

Copy to The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.P.S.Kothandaraman, Advocate Sr.98760 +1cc to the Special Government Pleader Sr.98547 S.A. No.1463 of 2008 vg I[co] srg 13/01/2020 https://hcservices.ecourts.gov.in/hcservices/