Palani Gounder v. Balasubramaniam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.No.1118 of 2007 and M.P.No.2 of 2007 Palani Gounder ... Appellant/ Plaintiff Vs 1.Balasubramaniam 2.Jaganathan 3.Kaliammal ... Respondents 1 to 3/ Defendants 1 to 3 Othisamy Gounder (died) 4.Palanisamy Gounder 5.Poovathal 6.Sathiyamoorthy 7.Vivekanandan 8.Thilagavathi .. Respondents 4 to 8/ Defendants 5 to 9 Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and decree passed in A.S. No.24 of 2005, dated 27.04.2006 on the file of the Sub Court, Tiruppur reversing the Judgment and Decree passed in O.S. No.486 of 1995 on the file of District Munsif cum Judicial Magistrate Court, Avinashi, dated 31.01.2005 and to allow this Second Appeal. For appellant : Mr.P.T.Ramadevi For respondents : Mr.B.Dyaneswaran for R1 to R3 Mr.K.Goviganesan for R4 to R8

JUDGMENT

By an earlier order dated 04.10.2019, this Court directed the learned counsel for the appellant to take steps to bring on record the Legal Representatives for the deceased sole https://hcservices.ecourts.gov.in/hcservices/

appellant 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. 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 appellant.

3. In view of the earlier order dated 04.10.2019 and non compliance of the same, the Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi2 To 1.

The Sub Judge, Tiruppur 2.

The District Munsif cum Judicial Magistrate, Avinashi S.A.No.1118 of 2007 RSI(CO) CS/13/12/2019 https://hcservices.ecourts.gov.in/hcservices/