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Madras High CourtSA/166/2005dismissed as abated

Balakrishnan, v. Kannan

2021-06-18Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.No.166 of 2005 & CMP No.2349 of 2005 Balakrishnan ... Appellant Vs.

1.Kannan 2.Annadorai 3.Arumugam 4.Ganesan 5.Poovathai ... Respondents Prayer:- This Memorandum of Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 30.01.2004 made in A.S.No.130 of 2000 on the file of the Subordinate Judge, Kallakurichi confirming the judgment and decree dated 17.07.2000 made in O.S.No.641 of 1995 on the file of the II Additional District Munsif Court, Kallakurichi. For Appellant : M\s.Sarvabhaman Associates For Respondents : Mr.J.Ramakrishnan for R1 R2 : Absent R3 to R5 : No Appearance

J U D G M E N T

This Court by its earlier order dated 16.04.2021 had made it very clear that if steps have not been taken to bring on record the legal representatives of the deceased appellant before the next hearing date, the Second Appeal shall stand dismissed as abated automatically.

2.Till date steps have not been taken to bring on record the legal representatives of the deceased appellant as directed by this Court by its earlier oder dated 16.04.2021. 3.The learned counsel for the appellant seeks further time to take steps. No further adjournment can be granted by this Court, in view of the earlier order of this Court dated 16.04.2021.

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4.Accordingly, the Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar dn To 1.The Subordinate Judge, Kallakurichi 2.The II Additional District Munsif, Kallakurichi.

3.The Section Officer, VR Section, High Court, Madras.

S.A.No.166 of 2005 RLD(CO) CB(20/07/2021) https://hcservices.ecourts.gov.in/hcservices/