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Madras High CourtSA/542/2007dismissed as abated

Unnamalaiammal v. The Tahsildar

2019-10-03Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.No.542 of 2007 Unnamalaiammal ...

Appellant/Plaintiff Vs

1. The Tahsildar, Tirupattur Taluk, Tirupattur, Vellore Dsitrict.

2. Velu

3. Kamala

4. A.C. Shanmugham

5. Kullan

6. The Revenue Inspector, Ammanankoil, Tirupattur Taluk, Tirupattur, Vellore District.

7. The Village Administrative Officer, Agraharam Post, Tirupattur Taluk, Vellore District.

....

Respondents/Defendants Second Appeal filed under Section 100 of the Code of Civil Procedure against the decree and judgment passed in A.S. No.72 of 2005 on 26.09.2006 by the learned Subordinate Judge, Tirupattur, confirming the decree and judgment passed in O.S. No.1694 of 1994 on 18.07.2005 by the learned District Munsif, Tirupattur.

For appellant : Mr.R.Rajesh For respondents: Mr.V.Jeevagiridharan for R2 to R5 Mr.N. Manikandan Special Govt. Pleader (C.S.) for R1 & R6 https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

By an earlier order dated 13.09.2019, time was granted to the appellant to take steps to bring on record the Legal Representatives of the deceased appellant and it was made clear that if steps are not taken before the next hearing date, the Second Appeal shall stand automatically dismissed for non prosecution. Accordingly, the matter was adjourned from 30.09.2019 to this day.

2. Today, the learned counsel for the appellant submits that the sole appellant died during the year 2008 itself and steps have not been taken to bring on record the Legal Representatives of the deceased appellant. He has also made an endorsement to that effect in the case bundle.

3. Recording the submission and endorsement made by the learned counsel for the appellant, the Second Appeal is dismissed as abated. No costs.

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

1. The Subordinate Judge, Tirupattur,

2. The District Munsif, Tirupattur.

Copy to:

The Section Officer, V.R Section, High Court, Madras +1cc to Special Government Pleader(C.S) sr.85280 +1cc to Mr.V. Jeevagiridharan, Advocate sr.84450 S.A. No.542 of 2007 PA(CO) CS/02/12/2019 https://hcservices.ecourts.gov.in/hcservices/