← Library
Madras High CourtSA/416/2010dismissed for default

Srinivasan S/O. Ramanuja v. Muthukuttiammal

2021-03-24Honourable Ms Justice R.N.Manjula2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2021

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA S.A. No.416 of 2010 and MP.No.1 of 2010 Srinivasan : 4th defendant/appellant/appellant Vs.

1.Muthukuttiammal : Plaintiff/1st respondent/respondent 2.Kalayani 3.Kesavan : Defendants 2 and 3 /respondents 2 and 3 /respondents PRAYER : The Second Appeal filed under Section 100 C.P.C. against the judgement and decree of the Court of the Sub Court, Poonamallee in A.S.21 of 2007 dated 28.04.2009 in confirming the judgement and decree of the Court of the District Munsif, Poonamallee in O.S.No.851 of 1993 dated 04.09.2006. For Appellant :

M/S.V.Srimathi For Respondents :

No appearance.

JUDGEMENT This Second Appeal is filed against the judgement and decree of the Court of the Sub Court, Poonamallee in A.S.21 of 2007 dated 28.04.2009 in confirming the judgement and decree of the Court of the District Munsif, Poonamallee in O.S.No.851 of 1993 dated 04.09.2006.

2. When the matter was posted on 09.02.2021 the learned counsel for the appellant requested adjournment. At the request of the appellant, it was adjourned to 26.02.2021. On 26.02.2021, it was submitted that the sole appellant died and steps have to be filed. Thereafter the matter was posted on 12.03.2021 and 18.03.2021. But steps was not filed. The appeal is of the year 2010 and it is pending for several years without any progress. https://hcservices.ecourts.gov.in/hcservices/

3. Learned counsel for the appellant repeatedly sought time to take steps. Despite sufficient time granted, steps not filed. Even a memo is not filed to record the death of the appellant.

4. In view of the same the Second Appeal is dismissed "for default". No costs. Connected miscellaneous petition if any are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jrs To

1. The Sub Court, Poonamallee

2. The District Munsif court, Poonamallee.

3. The Section Officer, V.R.Section, High Court, Madras.(2) S.A.No.416 of 2010 GSM(CO) CSR 28.04.2021 https://hcservices.ecourts.gov.in/hcservices/