Mahalingam v. Balasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.725 of 2007 and MP No.1 of 2007

1. Mahalingam

2. Rajendran

3. Tamilmani .....Appellants versus Balasundaram ...

Respondent Second Appeal filed under Section 100 CPC against the judgment and decree dated 29.03.2004 made in A.S. No.44 of 2002 on the file of the Sub Court at Thiruvarur, reversing the judgment and decree dated 21.12.2001 made in O.S. No.124 of 1996 on the file of the District Munsif Court at Thithuraipoondi. For Appellants : Mr.T.Girish

JUDGMENT

The matter is listed under the caption "for dismissal", today. The learned counsel for the appellants submits that the sole respondent is dead and he seeks time to take steps to bring on record the legal Representatives of the deceased sole respondent. The Second Appeal is of the year 2007. Even according to the learned counsel for the appellant, the respondent died in the year 2017 itself. Till date, steps have not been taken by the appellants to bring on record the Legal Representatives for the deceased sole respondent. Therefore, it can now be inferred that the appellants are 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) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

vsi2 To

1. The Sub Judge, Thiruvarur,

2. The District Munsif, Thithuraipoondi.

S.A. No.725 of 2007 A.SK(13/12/2019) https://hcservices.ecourts.gov.in/hcservices/