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Madras High CourtSA/1722/2003dismissed for nonprosecution

Sivabhagyam v. Kadhar Bi

2021-06-28Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.1722 of 2003 Sivabhagyam ...Appellant/Plaintiff Vs Kadhar Bi

...Respondent/Defendant

PRAYER: Second Appeal filed under Section 100 C.P.C. against the judgment and decree dated 30.09.1996 passed in A.S.No.154 of 1996 on the file of the Subordinate Judge, Kallakurichi reversing the Judgment and decree dated 06.10.1993 passed in O.S.No.1010 of 1992 on the file of of the District Munsif Court, Kallakurichi.

For Appellant : M/s.Sarvabhauman Associates

JUDGMENT

This Court, by earlier order dated 17.04.2021 directed the appellant to take steps to bring on record the legal heirs of the deceased sole respondent, before the next hearing and made it clear that if steps are not taken, the Second Appeal shall stand dismissed for non-prosecution automatically. Till date, the learned counsel for the appellant has not taken steps to bring on record the legal heirs of the deceased sole respondent, as directed by this Court in its earlier order dated 17.04.2021.

2. Today, when the matter is taken up for hearing, the learned counsel for the appellant seeks further time to take steps to bring on record the legal heirs of the deceased sole respondent. No further indulgence can be shown to the learned counsel for the appellant, in view of the long pendency of the https://hcservices.ecourts.gov.in/hcservices/

Second Appeal. Accordingly, as directed by this Court in its earlier order dated 17.04.2021, the Second Appeal is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rgr TO

1. The Subordinate Judge, Kallakurichi.

2. The district Munsif, Kallakurichi.

+1cc to M/S.Sarvabhauman Associates, S.R.No.29983 Copy to :

The Section Officer, V.R.Section, High Court, Madras - 104 S.A. No.1722 of 2003 UM(CO) SU(26/07/2021) https://hcservices.ecourts.gov.in/hcservices/