Madras High CourtSA/1284/2004dismissed for nonprosecution

P.Velayutham v. Pachaiyappan S/O.Ramasamy

2021-12-16Honourable Mrs Justice J. Nisha Banu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU S.A.No.1284 of 2004 and C.M.P.No.9533 of 2004 P.Velayutham @ Velu ...Appellant/Appellant/Plaintiff Vs

1. Pachaiyappan

2. P.Venkatesan

3. M.K.Dhandayudhapani

...Respondents/Respondents/Defendants

Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the judgement and decree dated 8.9.2003 in A.S.No.3 of 2002 on the file of the Sub Court, Ranipettai, Vellore, in confirming the Judgement and decree in O.S.No.754 of 1986 dated 31.03.1999, on the file of the District Munsif Court, Arakonam.

For Appellant :

Ms.Aabirami for Mr.V.Ragavachari R1 & R2 - Died R3-served-No Appearance

J U D G M E N T

When the matter was listed on 12.08.2021, this Court has passed the following order :

''Learned counsel for the appellant seeks further time to take steps to bring on the legal representative of the deceased respondents 1 and 2. If the steps are not taken to bring on record the legal representatives of the deceased respondents 1 and 2 https://hcservices.ecourts.gov.in/hcservices/

before the next date of hearing, the second appeal shall get automatically dismissed for non-prosecution Post on 09.09.2021.''

2.Thereafter, when the matter was called on 09.12.2021, the learned counsel for the appellant sought a week's time for taking steps finally and therefore, the matter was adjourned to 16.12.2021 finally.

3.Today, when the matter is called, it is seen that no steps have been taken till date and therefore, the Second Appeal is dismissed for non-prosecution. Connected miscellaneous petition is closed. There shall be no order as to costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ms To

1. The Subordinate Judge, Ranipettai, Vellore.

2. The District Munsif, Arakkonam.

Copy to:

The Section Officer, V.R.Section, High Court, Madras.

S.A.No.1284 of 2004 and C.M.P.No.9533 of 2004 GJ(CO) SU(30/12/2021) https://hcservices.ecourts.gov.in/hcservices/