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Madras High CourtSA/1163/2005dismissed for nonprosecution

Ramaswamy, v. N.Subramaniyan,

2021-07-26Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE SA No.1163 of 2005 and CMP No.16070 of 2005 Ramaswamy ...

Appellant versus N.Subramaniyam ...

Respondent Second Appeal filed under Section 100 of Civil Procedure Code against the decree and judgment dated 28.10.2004 in A.S. No.39 of 2004 on the file of First Additional Subordinate Court, Cuddalore, reversing the judgment and decree dated 23.03.2004 in O.S. No.493 of 2003 on the file of Principal District Munsif Court, Cuddalore.

For Appellant : No appearance For Respondent : Ms.Nilapher for M/s.R.Meenal

JUDGMENT

(Heard Video Conference) The matter is listed under the caption "for dismissal", today.

2. There is no representation on the side of the appellant once again, It is informed by the learned counsel for the respondent that the sole respondent died as early as in the year 2018 and till date, no steps have been taken to bring on record the Legal Representatives of the deceased sole respondent. It can now be inferred that the appellant is not interested to prosecute this Second Appeal. Accordingly, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

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

vsi2 To

1. The First Additional Subordinate Judge, Cuddalore. 2.The Principal District Munsif, Cuddalore.

+1 CC to M/s.R.Meenal, Advocate, SR No.35884 SA No.1163 of 2005 SR II (CO) B.VC (26/07/2021) https://hcservices.ecourts.gov.in/hcservices/