Radha Naidu v. Ravanaiyya Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.Nos.1141 & 1142 of 2005 and CMP.Nos.18057 and 18058 of 2005 Radha Naidu ... Appellant /Defendants in S.A.No.1141 of 2005 Rajendra Naidu ... Appellant in S.A.No.1142 of 2005 Vs.

Ravanaiyya Reddy ... Respondent/Plaintiff in both second appeals Second Appeals filed under Section 100 of C.P.C., against the judgment and decree dated 07.01.2005 in A.S.Nos.37 & 38 of 2004 on the file of the Additional District and Sessions Courtcum-Fast Track Court, Tirupattur, Vellore District, confirming the judgment and decree dated 08.11.2002 in O.S.Nos.974 & 975 of 1988 on the file of the District Munsif Court, Tirupattur. For Appellant in both appeals :

No appearance For Respondent in both appeals :

No appearance

J U D G M E N T

These matters were listed for taking steps for the deceased sole respondent so as to proceed with the second appeals further as per law. The counsel for the appellants has filed the memos informing that, despite communication, the appellants had not evinced interest to proceed with the matter further as per law by impleading the legal heirs of the deceased respondent and accordingly, the abovesaid memos have been taken on record and the appellants being called and remaining absent, the Registry was directed to list the matter today under the caption "for dismissal", by printing the name of the appellants in the cause list.

2. Today, when the matter is called, there is no representation for the appellants. Appellants called absent. https://hcservices.ecourts.gov.in/hcservices/

Inasmuch as no steps had been taken for impleading the legal heirs of the deceased respondent on record and proceed with the appeals as per law, despite several opportunities, there is no purpose in keeping the appeals further pending. In the light of the above, these second appeals are dismissed as abated. No costs. Connected miscellaneous petition, if any, is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nsd To

1. The Additional District and Sessions Judge, Fast Track Court, Tirupattur, Vellore District.

2. The District Munsif Judge, Tirupattur.

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

+2ccs to Mr.V.Raghavachari, Advocate, S.R.No.29471 & 29472 S.A.Nos.1141 & 1142 of 2005 NMI(CO) RRS(08/05/2019) https://hcservices.ecourts.gov.in/hcservices/