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Madras High CourtSA/2284/2003dismissed as abated

Gopalasamy Reddiar, v. Ramasamy Reddiar,

2021-08-10Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE SA No.2284 of 2003 and CMP No.21564 of 2003

1. Gopalsamy Reddiar

2. Gowrambal

3. Panneerselvam ...Appellants versus

1. Ramasamy Reddiar

2. Selvaraj

3. Chinnasamy

...Respondents

Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 24.07.2003 passed in A.S. No.11 of 2000 on the file of Sub Court, Kallakurichi confirming the judgment and decree dated 29.12.1999 passed in O.S. No.35 of 1994 on the file of the Additional District Munsif Court, Kallakurichi.

For appellants : Mr.P. Mathivanan For respondents : Ms.Abirami for M/s.Sarvabhauman Associates for R2 & R3 Not ready in notice reg. R1

JUDGMENT

(Heard Video Conference) This Court by its earlier order dated 20.07.2021 made it clear that if steps are not taken to bring on record the Legal Representatives of the deceased 1st appellant before the next hearing date, the Second Appeal shall stand automatically dismissed as abated.

2. Today, the learned counsel for the appellants submits that the 3rd appellant is also dead and even though he had contacted the Legal Representatives of the deceased 1st and 3rd appellants, they are not co-operating for the purpose of filing an application to bring on record the Legal Representatives for the deceased first and third appellants.

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

3. After recording the said submission and in view of the said fact that the 1st and 3rd appellants are dead and till date, no steps have been taken to bring on record the Legal Representatives for the deceased 1st and 3rd appellants, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsi2 To

1. The Sub Judge, Kallakurichi.

2. The Additional District Munsif, Kallakurichi.

+1cc to M/s.Sarvabhauman Associates, Advocate,Sr.39569 SA No.2284 of 2003 RSV[co] NSK 21/09/2021 https://hcservices.ecourts.gov.in/hcservices/