Madras High CourtSA/1205/2007dismissed as abated

Kaliammal v. Shanmugasundaram

2019-11-11Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.NOS.1205 AND 1206 OF 2007 AND M.P.NO.1 OF 2007 Kaliammal ... Appellant in both S.A.s Vs

1. Shanmugasundaram ... 1st Respondent in SA.1205 of 2007/ Respondent in SA.1206 of 2007

2. Govindhu

3. Kuppan ... 2nd and 3rd Respondents in S.A.No.1205 of 2007 Prayer in S.A.No.1205 of 2007 :

Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and decree dated 10.02.2006 made in A.S. No.57 of 1994 on the file of Subordinate Judge, Dharmapuri in confirming the judgment and decree dated 31.08.1994 made in O.S. No.1047 of 1979 on the file of District Munsif, Dharmapuri.

Prayer in S.A. No.1206 of 2007 :

Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and decree dated 10.2.06 made in A.S. No.52 of 1994 on the file of Subordinate Judge, Dharmapuri in confirming the judgment and decree, dated 31.08.1994 made in O.S. No.301 of 1980 on the file of District Munsif, Dharmapuri. For appellant in both S.A.s : No appearance For respondent No.1 in both S.A.1205 of 2007 : Mr.S.Subramanian & Respondent in S.A.1206 of 2007 https://hcservices.ecourts.gov.in/hcservices/

COMMON JUDGMENT There is no representation on the side of the Appellant. However, the learned counsel for the respondent is present. By an earlier order dated 03.10.2019, this Court directed the learned counsel for the appellant in both Second Appeals to take steps to bring on record the Legal Representatives for the deceased sole appellant and a further direction was given that if no steps are taken, both Second Appeals shall stand automatically dismissed.

2. Today, these matters were taken up for hearing. Till date, no steps have been taken by the learned counsel for the appellant in both Second Appeals to bring on record the Legal Representatives for the deceased sole appellant.

3. In view of the earlier order dated 03.10.2019 and non compliance of the same, both these Second Appeals are dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi2 To

1) The Subordinate Judge, Dharmapuri.

2) The District Munsif, Dharmapuri.

Copy To The Section Officer, VR Section, High Court, Madras-104.

+2ccs to Mr.S.Subramanian, Advocate, S.R.No.94008 & 94009 S.A.Nos.1205 and 1206 of 2007 PA(CO) CS/11/12/2019 https://hcservices.ecourts.gov.in/hcservices/