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Madras High CourtSA/827/2008dismissed for nonprosecution

K. Gopal, S/O. Kullan, v. Krishnan, S/O. Kullan,

2019-11-20Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.827 of 2008 and MP No.1 of 2008 K.Gopal ...

Appellant Vs

1. Krishnan

2. Sarangapani

3. Arjunan

4. Muthiah Mudaliar ...

Respondents Second Appeal filed under Section 100 of the Code of Civil Procedure as against the judgment and decree dated 21.03.2006 made in A.S. No.24 of 2005 on the file of the Subordinate Judge, Gingee, confirming the judgment and decree dated 28.02.2003 made in O.S. No.102 of 1996 on the file of the Additional District Munsif at Gingee.

For Appellant : Mr.R.Balasubramanian For Respondents: Mr.D.G.Krishnamurthy for R4 R1 to R3 - served - No appearance

JUDGMENT

The matter is listed under the caption "for dismissal", today. As seen from the earlier proceedings, the learned counsel for the appellant has been repeatedly seeking adjournments in this matter. Today, the learned counsel for the 4th respondent submits that the respondents 1 to 3 are dead. Steps have also not been taken by the appellant to bring on record the Legal Representatives for the deceased respondents 1 to 3. The Second Appeal is of the year 2008. Therefore, it can now be inferred that the appellant is not interested to prosecute the Second Appeal. Accordingly, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar vsi2 https://hcservices.ecourts.gov.in/hcservices/

To

1. The Sub Judge, Gingee.

2. The Additional District Munsif, Gingee.

+1cc to Dr.G.Krishnamurthy, Advocate, S.R.No. 96315 S.A. No.827 of 2008 VSN II(CO) GN(30/12/2019) https://hcservices.ecourts.gov.in/hcservices/