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Madras High CourtSA/1870/2003dismissed for nonprosecution

Radhalakshmi Ammal, v. P.Bakthavachala Chettiar,

2021-06-22Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.A.Nos.1870 & 1871 of 2003 and CMP.No.16982 of 2003 In S.A.No.1870 of 2003 1.Radhalakshmi Ammal 2.Vemenna 3.Gopanna ...Appellants/Defendants vs.

P.Bakthavachala Chettiar

...Respondent/Plaintiff

In S.A.No.1871 of 2003 Radhalakshmi Ammal ...Appellant/Plaintiff vs.

1.P.Bakthavachala Chettiar 2.Mohan Kumar 3.Jayakumar

...Respondents/Defendants

Prayer in S.A.No.1870 of 2003: Second Appeal filed under Section 100 CPC, against the judgment and decree as made in A.S.No.80 of 2002 dated 28.03.2003 on the file of the Principal District Judge, Tiruvannamalai, confirming the judgment and decree as made in O.S.No.855 of 1990, dated 04.04.2002 on the file of the Principal District Munsif, Tiruvannamalai, decreeing the suit filed by the respondents herein.

Prayer in S.A.No.1871 of 2003: Second Appeal filed under Section 100 CPC, against the judgment and decree as made in A.S.No.81 of 2002 dated 28.03.2003 on the file of the Principal District Judge, Tiruvannamalai, confirming the judgment and decree as made in O.S.No.143 of 1996, dated 04.04.2002 on the file of the Principal District Munsif, Tiruvannamalai, dismissing the suit filed by the appellant herein.

https://hcservices.ecourts.gov.in/hcservices/

For Appellants in both S.A.Nos.

: Mr.R.Karthikeyan For Respondents in both S.A.Nos. : Mr.T.R.Rajaraman COMMON JUDGMENT This Court by its earlier order dated, 16.04.2021, directed the appellant to take steps to bring on record the legal heirs of the deceased first appellant in S.A.No.1870 of 2003 and the appellant in 1870 of 2003 before the next hearing date and in the same order, this Court has also made it clear that if steps are not taken, the second appeals shall stand automatically dismissed for non-prosecution.

2. Till date, no steps have been taken by the appellant to bring on record the legal heirs of the deceased first appellant in S.A.No.1870 of 2003 and the appellant in 1870 of 2003 in accordance with the earlier order of this Court dated 16.04.2021. Hence, the Second Appeals are dismissed for nonprosecution. No costs. Consequently, connected miscellaneous appeal is closed.

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

1. The Principal District Judge, Tiruvannamalai.

2. The Principal District Munsif, Tiruvannamalai.

S.A.Nos.1870 & 1871 of 2003 and CMP.No.16982 of 2003 GSM(CO) SU(26/07/2021) https://hcservices.ecourts.gov.in/hcservices/