Chinnapillai v. Duraisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. Nos.861 and 862 of 2007 and M.P. Nos.1 and 1 of 2007

1. Chinnapillai Ammal

2. Pappathi Ammal

3. Boopathi Ammal

4. Kasi Ammal ... Appellants/Plaintiffs in S.A. No.861 of 2007 Duraisamy ... Appellant/Defendant in S.A. No.862 of 2007 versus

1. Duraisamy

2. Thathi Ammal

3. Gopal

4. Ramakka

5. Minor Elumalai

6. Minor Meena (respondents 5 and 6 are minors and rep. by their next friend and their father 3rd respondent)

7. Chinnakanni Ammal ...

Respondents/Defendants in S.A. No.861 of 2007

1. Chinnakanni Ammal

2. Chinnapillai Ammal

3. Pappathi Ammal

4. Boopathi Ammal

5. Kasi Ammal

6. Gopal

7. Ramakka

8. Minor Elumalai

9. Minor Meena (respondents 8 and 9 are minors and rep. by their next friend and their father 6th respondent) ...

Respondents/Plaintiffs in S.A. No.862 of 2007

Prayer in S.A. No.861 of 2007 :Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and decree passed in A.S. No.65 of 2006 on the file of Principal Sub - Judge, Tiruvannamalai dated 23.03.2007 confirming the decree and judgment passed in O.S. No.536 of 2004 on the file of Additional District Munsif, Chengam, dated 22.03.2006. Prayer in S.A. No.862 of 2007 :Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and decree passed in A.S. No.67 of 2006 on the file of Principal Sub - Judge, Tiruvannamalai dated 23.03.2007 confirming the decree and judgment passed in O.S. No.73 of 2002 on the file of Additional District Munsif, Chengam, dated 22.03.2006. For appellants in both S.A.s : Mr.G. Rajan For respondents in both S.A.s : M/s.Sarvabhauman Asso.

for R7 in S.A. No.861 of 2007 for R1 in S.A. No.862 of 2007 COMMON JUDGMENT These matters are listed under the caption "for dismissal" today. Even today, the learned counsel for the appellant is not ready to argue these matters. He submits that the second respondent in S.A. No.861 of 2007 is dead and he seeks time to bring on record the Legal Representatives for the deceased second respondent in S.A. No.861 of 2007. The Second Appeals are of the year 2007. No further indulgence can be shown to the appellant. Therefore, it can now be inferred that the appellants are not interested to prosecute the Second Appeals. Accordingly, both Second Appeals are dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar vsi2

To

1. The Principal Subordinate Judge, Tiruvannamalai.

2. The Additional District Munsif, Chengam.

Copy to: The Section Officer, V.R. Section, High Court, Madras.

+2CCs to M/s.Sarvabhauman Associates, SR.Nos.98633, 98639. S.A. Nos.861 and 862 of 2007 EV(CO) CSR: 08.01.2020