Ramasamy Gounder v. Chennaimalai Gouner (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA and M.P.Nos.2 & 3 of 2007 Ramasamy Gounder ... Appellant Vs.

1.Chennimalai Gounder (Died) 2.Seeranga Gounder (Died) 3.Chinnasami 4.Subramaniam 5.Kannayal 6.Ramayammal 7.Subbulakshmi 8.Sarasayal 9.Thangamuthu 10.Somasundaram 11.Minor. Lokasundaram 12.Karuppayammal (Died) 13.Perumal 14.Rukmani (Died) 15.Ramasamy 16.Arasayal 17.Dhanasekaran 18.Dhanalakshmi 19.Ganesan 20.Rajeswari

...Respondents

(R12 died, RR19 & 20 are brought on record as LRS of the deceased R12 viz., Karuppayammal vide order of Court dated 18.10.2022 made in CMP.No.14039, 14043 & 14045/2022 in S.A.No.211/2007) (R14 died, RR17 & 18 are brought on record as LRs of the deceased R14 vide Court order dated 14.09.2022 made in CMP.Nos.7293, 7294 & 7295/2021 in S.A.No.211/2007) (RR13 & 14 brought on record as LRs of the deceased R1 viz.Chennimalai Gounder vide order of Court dated 31.10.2019 made in CMP.No.16345 to 16347/2017 in S.A.No.211/2007) (RR14 & 15 brought on record as LRs of the deceased R2 viz.Seeranga Gounder vide order of Court dated 31.10.2019 made in CMP.No.16348 to 16440/2017 in S.A.No.211/2007) Prayer : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 28.11.2005 in A.S.No.38 of 2005, on the file of the Principal District Court, Erode, upholding the decree and judgment dated 27.07.2004, in O.S.No.944 of 1995, on the file of the I Additional Sub Court, Erode.

For Appellant : No appearance For R3 to R7, R13 : Mr.V.Murali R15 to R18, R8 to R11 : Ms.H.Kavitha for M/s.S.Kaithamalai Kumaran

JUDGMENT

Today when the matter is taken up for hearing, there is no representation for the appellant. The second appeal is of the year 2007 and hence, I do not find any reason to keep the appeal pending. 2.In view of the above, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed.

16.02.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

R. HEMALATHA, J.

mtl To 1.The Principal District Court, Erode 2.The I Additional Sub Court, Erode.

3.The Section Officer, VR Section, High Court, Madras. and M.P.Nos.2 & 3 of 2007 16.02.2023