Pattappan v. Yasodha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA and M.P.No.1 of 2008 Pattappan ... Appellant in S.A.No.924 of 1.Pattappan 2.Saraswathi 3.Kumar @ Kumarasamy ... Appellants in S.A.No.925 of 2008 Vs.

1.Yasodha 2.Thangammal 3.Sivakami ... Respondents in both SAs Common Prayer : Second Appeals filed under Section 100 CPC, 1908 against the decree and judgment dated 22.10.2007 in A.S.Nos.13 & 12 of 2007, on the file of the Principal Sub Court, Gobichettipalayam, upholding the decree and judgment dated 09.10.2006, in O.S.Nos.60/1998 & 316/1999, on the file of the District Munsif Court, Gobichettipalayam.

In SA.No.924 of 2008 :

For Appellant : Ms.Sumitra for Mr.R.T.Doraisamy For Respondents : Mr.I.C.Vasudevan In SA.No.925 of 2008 :

For Appellants : Ms.Sumitra for Mr.R.T.Doraisamy For R1 & R2 : No appearance COMMON JUDGMENT Ms.Sumitra, learned counsel representing on behalf of Mr.R.T.Doraisamy reports no instructions for the appellants.

2. A perusal of the records shows that on several occasions the above second appeals were posted under the caption "for dismissal". Moreover, the third respondent also died even before 2021 and till date no steps have been taken by the appellants to implead the legal heirs of the deceased third respondent.

3. In view of the above, the Second Appeals are dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

16.02.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

R. HEMALATHA, J.

mtl To 1.The Principal Sub Court, Gobichettipalayam. 2.The District Munsif Court, Gobichettipalayam. 3.The Section Officer, VR Section, High Court, Madras. and M.P.No.1 of 2008 16.02.2023