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Madras High CourtSA/2225/2003dismissed for nonprosecution

Miniammal v. Palaniappa Gounder

2021-07-15Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.A.No.2225 of 2003 and C.M.P.No.20962 of 2003 1.Miniammal 2.Rasammal 3.Ponnakkal @ Ponnammal 4.Sellamuthu 5.Pavayammal 6.K.Senthil Vadivu ...Appellants/Respondents /defendants vs.

Palaniappa Gounder

...Respondent/Appellant/plaintiff

Prayer: Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree of the Additional District Judge's Court, (Fast Track No.IV, Erode) at Bhavani dated 28/06/2002 in A.S.No.19 of 2002 reversing the Judgment and Decree of the I Additional District Munsif Court at Bhavani dated 21/08/2000 in O.S.No.955 of 1992.

For Appellants : M/s.Sarvabhauman Associates For Respondent : Sole respondent - died - steps due

JUDGMENT

This Court by its earlier order dated 23.06.2021 directed the Appellant to take steps to bring on record the legal representatives of the deceased Appellants 3 and 5 as well as the deceased sole respondent before the next hearing date and also made it clear in the same order that the Second Appeal shall stand automatically dismissed for non-prosecution if steps are not taken.

2.As seen from the earlier proceedings, several opportunities were granted to the Appellants to take steps to bring on record the legal representatives of the respective deceased. Hence it can now be inferred that the Appellants are not interested in prosecuting this Second Appeal. https://hcservices.ecourts.gov.in/hcservices/

3.In accordance with the order dated 23.06.2021, this Second Appeal is dismissed for non-prosecution.

No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pam To 1.The Additional District Court, (Fast Track No.IV, Erode) at Bhavani.

2.The I Additional District Munsif at Bhavani. Copy To:

The Section Officer, V.R.Section, High Court, Chennai-104.

+1cc to M/s.Sarvabhauman, Advocate, S.R.No.33870 S.A.No.2225 of 2003 PVS(CO) SB(09/08/2021) https://hcservices.ecourts.gov.in/hcservices/