Madras High CourtSA/828/2005dismissed for default

Ramu v. Kanagu

2020-03-03Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.03.2020 CORAM:THE HONOURABLE Mr.JUSTICE N.SESHASAYEE S.A.No.828 of 2005 Ramu ... Appellant Vs.

1.Kanagu 2.Rathinam 3.Kalimuthu 4.Pushpavalli ... Respondents Prayer:- Second Appeal filed under Section 100 of Civil Procedure Code against the Judgement and Decree made in A.S.No.64 of 2003 dated 10.2.2005 on the file of the Sub Court, Thiruvarur, confirming the Judgement and Decree made in O.S.No.5 of 2000 dated 28.09.2001 on the file of the District Munsif cum Judicial Magistrate, Nannilam.

For Appellant : Mr.S.Sounthar For Respondents: No appearance for R1 and R4 R2-Refused R3-died

JUDGMENT

Despite granting few adjournments to implead the legal heirs of the deceased appellant, no steps have been taken. The case is of the year 2005 and after 15 years, when the matter could still be hamstrung for hearing, that too due to the default of the appellant, this Court is left with no choice but, to dismiss the matter for default.

2.The Second Appeal is dismissed for default. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar tsg https://hcservices.ecourts.gov.in/hcservices/

To 1.The Subordinate Judge, Thiruvarur.

2.The District Munsif cum Judicial Magistrate, Nannilam.

+1cc to Mr.S.Sounthar, Advocate SR.18609 S.A.No.828 of 2005 VD(CO) CB(18/06/2020) https://hcservices.ecourts.gov.in/hcservices/