Rahamathullah v. Mainuthin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA S.A.No. 846 of 2010 and M.P. No.1 of 2010 1.Rahamathullah 2.Kafar Sahib ...Appellants / Respondents / Defendants ..Vs..

Mainuthin

...Respondent / Appellant /

Plaintiff PRAYER : Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 09.10.2006 passed in A.S. No.39 of 1999 on the file of Principal Subordinate Judge, Thiruvannamalai, setting aside the decree and judgement dated 26.02.1999 in O.S.No. 245 of 1996 on the file of the District Munsif cum Judicial Magistrate. Chengam.

For Appellants :

No appearance For Respondent :

Mr. G. Rajan

JUDGMENT

It is seen from the records that the first appellant died long back and no steps were taken to implead the legal heirs of the deceased first appellant till date. The learned counsel for the appellants also reported no instructions for the appellants on 11.08.2021. Though the name of the second appellant is printed in the cause list today after issuing notice to the second appellant, there is no representation on behalf of the second appellant.

2. In view of the same, the Second Appeal is dismissed for default. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar bga https://hcservices.ecourts.gov.in/hcservices/

To 1.The Principal Subordinate Judge, Thiruvannamalai.

2.The District Munsif cum Judicial Magistrate. Chengam.

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

+1cc to Mr.G.Rajan, Advocate SR.No.46087 S.A.No. 846 of 2010 and M.P. No.1 of 2010 AJS(CO) RVM(21/09/2021) https://hcservices.ecourts.gov.in/hcservices/