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Madras High CourtSA/316/2006dismissed as abated

K.Palani, v. Kuppusamy(Deceased)

2021-08-09Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.316 of 2006

1. K.Palani

2. Munian

3. Rajam ... Appellants Vs

1. Kuppusamy (Died)

2. The Assistant Commissioner, Land Reforms, Villupuram.

3.Rani 4.Govindammal 5.Balachandran 6.Tamilarasi 7.Rasathi 8.Mahalingam 9.Pachayappan 10.Aalumalai 11.Sitarasu 12.Vadivel 13.Somu ... Respondents (Respondents 3 to 13 brought on record as LRs of the deceased R1 vide order of court dated 25.07.2017 made in CMP.Nos.15659 to 15661 of 2016 in S.A.No.316 of 2006) PRAYER: Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree of the Appellate Court dated 20.10.2005 and made in A.S.No.62 of 2004 on the file of the Additional Subordinate Court, Tiruvannamalai confirming the judgment and decree dated 26.07.2001 and made in O.S.No.1590 of 1994 on the file of the Additional District Munsif No.1, Thiruvannamalai. For Appellants : Mrs.P.Veena For Respondent 2 : Dr.S.Suriya, Government Advocate https://hcservices.ecourts.gov.in/hcservices/

For Respondents 3 to 13 : Mr.R.Karthikeyan

JUDGMENT

This court by its earlier order dated 23.07.2021 made it clear that if steps are not taken to bring on record the legal representatives of the deceased first Appellant before the next hearing date, the second appeal shall stand automatically dismissed as abated.

2. Learned counsel for the Appellants has expressed her difficulty in getting the details of the legal representatives of the deceased first Appellant. Admittedly, steps have also not been taken to bring on record the legal representatives of the deceased first Appellant till date.

3. In accordance with the order dated 23.07.2021, this second appeal is dismissed as abated. No costs. Sd/- Assistant Registrar(CS-VIII) // True Copy// Sub Assistant Registrar nl To:

1. The Additional Subordinate Court, Tiruvannamalai

2. The Additional District Munsif No.1, Thiruvannamalai.

+1cc to the Special Government Pleader (CS), S.R.No.39532 S.A. No.316 of 2006 KV(CO) SU(27/08/2021) https://hcservices.ecourts.gov.in/hcservices/