Ganesh Kumar v. Mariappa Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2017

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN S.A.Nos. 912 and 913 of 1998

1. Ganeshkumar

2. Subbulakshmi (1st appellant declared as major and the 2nd appellant, mother of 1st appellant is discharged from her guardianship vide order of Court dated 15.09.2010 made in C.M.P.355 and 356/10) ...Appellants in both SAs Vs.

Mariappa Gounder

...Respondent in SA.No.912 of 1998

Samiyathal

...Respondent in S.A.No.913 of 1998

Prayer in SA.No.912 of 1998:- This Second Appeal is filed under Section 100 of Civil Procedure Code against the Judgement and decree dated 13.10.1997 and made in A.S.No.126 of 1995, on the file of the learned II Additional District Judge, Erode (Principal District Judge, Erode incharge) confirming the judgment and decree dated 14.07.1995 and made in O.S.No.23 of 1993 on the file of Sub Court, Dharapuram.

For Appellants :No Appearance For Respondent :Mr.S.Saravanan for V.P.Senguttuvel Prayer in SA.No.913 of 1998:- This Second Appeal is filed under Section 100 of Civil Procedure Code against the Judgement and decree dated 13.10.1997 and made in A.S.No.127 of 1995, on the file of the learned II Additional District Judge, Erode (Principal District Judge, Erode incharge) confirming the judgment and decree dated 14.07.1995 and made in O.S.No.24 of 1993 on the file of Sub Court, Dharapuram.

For Appellants :No Appearance For Respondent :Mr.S.Saravanan for V.P.Senguttuvel https://hcservices.ecourts.gov.in/hcservices/

COMMON JUDGMENT When the above second appeals came up for hearing on 22.12.2016, none appeared on behalf of the appellant. Hence, the Registry was directed to list the matter to be posted today, under the caption "For dismissal".

2. When the matters came up on 22.12.2016, the learned counsel for the appellants submits that the sole respondent in both the appeals died and he has taken steps to bring the legal representatives of the deceased respondents on record. At his request the matter is adjourned to 05.01.2017 under the same caption.

3. Even today, though the matter is listed under the caption "For dismissal", when the matter was called, no one has represented the appellant.

4. Therefore, the second appeals are dismissed for default. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar rts To

1. The II Additional District Judge, Erode (Principal District Judge, Erode incharge)

2. The Sub ordinate Judge, Dharapuram.

3. The Section Officer, V.R.Section, High court, Madras.

+1cc to Mr.S.Saravanan, Advocate sr.3195 S.A.Nos. 912 and 913 of 1998 ksj(co) ss(2/2/2017) https://hcservices.ecourts.gov.in/hcservices/