Janagarajan @ Raja v. Sevi,S/O.Kannu Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.13 of 2006 Janagarajan @ Raja ...Appellant/Plaintiff Vs 1.Selvi 2.Kesiammal 3.Azhavammal 4.Ayyanar - minor (R4 rep. by second respondent) ...Respondents/Defendants1,3,4&5 PRAYER: Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree dated 17.12.2004 made in A.S.No.35 of 2003 on the file of the Additional Sub Court, Villupuram confirming the Judgment and decree dated 03.01.2001 made in O.S.No.1173 of 1995 on the file of the Principal District Munsif Court, Ulundurpet.

For Appellant : Mr.T.Dhanyakumar For Respondent 1 : Mr.T.Gandhi For Respondent 2 : Died For Respondents 3 &4 : Not ready in notice

JUDGMENT

Till date, steps have not been taken to bring on record the legal representatives of the deceased second respondent. Substituted service petition has also not been filed to serve notice on R3. The second appeal is of the year 2006.

2. Learned counsel for the Appellant submits that despite his best efforts, his client has not able to cooperate with him https://hcservices.ecourts.gov.in/hcservices/

for filing the applications to bring on record the legal representatives of the deceased second respondent. It can now be inferred that the Appellant is not interested in prosecuting this second appeal. Accordingly, this second appeal is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar nl To

1. The Additional Sub Court, Villupuram

2. The Principal District Munsif Court, Ulundurpet.

3. The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.T.Gandhi, Advocate, S.R.No.37970/2021 +1cc to Mr.T.Dhanyakumar, Advocate, S.R.No.38228/2021 S.A. No.13 of 2006 SR(CO) RGA(24/08/2021) https://hcservices.ecourts.gov.in/hcservices/