Krishnappa v. M.Thimmaiah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA S.A.No. 1938 of 2003 and M.P.No.17692 of 2003 Krishnappa ... Appellant Vs.

1.M.Thimmaiah 2.Chinna Munivenkatappa 3.Krishnappa 4.Madappa 5.Ramesh 6.Ellappa 7.Veerappa 8.Aswanthappa 9.Lagumakka 10.Lalithamma 11.Manjunatha ... Respondents Prayer : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 05.03.2003 passed in A.S. No.27 of 2001, on the file of the Sub Court, Hosur, upholding the decree and judgment dated 25.06.2001 passed in O.S. No.19 of 1994, on the file of the District Munsif Court, Hosur.

For Appellant : Mr.V.Nicholas For RR1, 3, 4, 5, 9 & 11 : No appearance

JUDGMENT

Today when the matter is taken up for hearing, there is no representation for the appellant. On 30.01.2023, this Court directed the appellant to implead the legal heirs of the deceased respondents 2, 6 to 8. Till date no steps have been taken to implead the legal heirs of the deceased respondents.

2. A perusal of the records shows that several adjournments were granted to the appellant. The second appeal is of the year 2003 and hence, I do not find any reason to keep the appeals pending.

3. In view of the same, the Second Appeal is dismissed as abated. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

26.06.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

R. HEMALATHA, J.

mtl To

1. The Sub Court, Hosur.

2. The District Munsif Court, Hosur.

3. The Section Officer, VR Section, High Court, Madras. S.A.No. 1938 of 2003 and C.

M.P.No.17692 of 2003 26.06.2023