K. Ramakrishnan v. Kanchana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.03.2020 CORAM:THE HONOURABLE Mr.JUSTICE N.SESHASAYEE S.A.No.512 of 2005 1.K.Ramakrishnan 2.G.Rajaraman 3.Krishna Iyer .. Appellants (Cause title accepted vide order of the Court dated 12.4.05 made in CMP.6260/05) Vs.

Kanchana .. Respondent Prayer:- Second Appeal filed under Section 100 of Civil Procedure Code against the Judgement and Decree dated 05-102004, made in AS No.48 of 2003, on the file of the Sub Court, Tiruvarur, reversing the Judgment and Decree dated 30-04-2003, made in OS No.88 of 2002, on the file of the District Munsiff Court at Tiruvarur.

For Appellants : Mr.T.Girish For Respondent : No appearance

JUDGMENT

The learned counsel for the appellants submitted that there are three appellants, of who, when he issued mail by RPAD, two of the mail returned with an endorsement that the addressee/appellants are dead. While, the third appellant was served. He submitted that he has no instructions about the legal representatives of the appellants for impleading themselves in the appeal. So far as the third appellant is concerned, he did not respond. He has also filed a memo to that effect.

2.Under these circumstances, the appeal is partly abated and partly not prosecuted. Hence, the Second Appeal is dismissed for default. No costs.

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

tsg To 1.The Sub Court, Tiruvarur.

2.The District Munsif Court Tiruvarur.

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

+1 cc to Mr.Srinath Sridevan, Advocate Sr.No. 21601 S.A.No.512 of 2005 LN(CO) RMP(16/07/2020) https://hcservices.ecourts.gov.in/hcservices/