Padavettan v. Periyasami

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.A. No.474 of 2007 and MP No.1 of 2007 and MP Nos. 1 to 4 of 2011 Padavattan ...Appellant/Ist Defendant versus

1. Periyasami ...1st Respondent/Plaintiff

2. Ramasami ...2nd Respondent/2nd Defendant

3. Chinnasami

4. Sathasivam

5. Kathavarayan

6. Manjula

...Respondents

Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 09.10.2006 in A.S. No.120 of 2005 on the file of Sub Judge, Ranipet confirming the judgment and decree dated 25.02.2005 in O.S. No.141 of 2002 on the file of District Munsif court, Sholinghur. For Appellant : Mr.A. Gowthaman For Respondents : Mr.V.K.Rajagopalan for R1 & R6 R3 to R5 - Exparte R2 - Served - No appearance

JUDGMENT

(Heard Video Conference) This Court by its earlier order dated 20.07.2021 directed the appellant to take steps to serve the notice on R2, R4 and R5 before the next hearing date and made it clear that if steps are not taken, the Second Appeal shall stand automatically dismissed for non prosecution.

2. Today, the learned counsel for the appellant submits that the appellant is also dead and he submits that the second respondent is the Legal Representative of the deceased https://hcservices.ecourts.gov.in/hcservices/

appellant. The Second Appeal is of the year 2007. Since, the appellant has not complied with the directions given by this Court on 20.07.2021, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed.

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

1. The Sub Judge, Ranipet 2.The District Munsif, Sholinghur.

COPY TO:

The Section Officer, V.R.Section, High Court, Madras 104.

S.A. No.474 of 2007 RR(CO) LS(06/09/2021) https://hcservices.ecourts.gov.in/hcservices/