G, Chockalingam (Died) v. G. Pasupathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.KUMARAPPAN S.A.No..897 of 2005 G.Chockalingam (Died)

2. C.Loganathan

3. C.Prem Kumar ... Appellants (Sole appellant died, appellants 2 and 3 are brought on record as Lrs of deceased sole appellant viz., G.Chockalingam vide order of Court dated 01.11.2022 made in C.M.P.Nos.9601, 9607 and 9611 of 2022 in S.A.No.897 of 2005) Vs.

1.G.Pasupathi 2.G.Kalyana Sundaram 3.R.Alagesan 4.R.Selvam ... Respondents Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed in A.S.No.56 of 2003 on 16.07.2004 on the file of the Additional Subordinate Judge, Chengalpattu confirming judgment and decree in O.S.No.187 of 2002 dated 24.01.2003 on the file of the District Munsif's Court, Chengalpattu. For Appellants : No appearance For Respondents : Ms.T.Jayalakshmi Paul and Mr.Vignesh for M/s.Paul and Paul (Law Firm) 1/4

JUDGMENT

Today, this matter is listed under the caption "For Dismissal".

2. This appeal is of the year 2005. Even in the previous date of hearing on 04.10.2023, there was no representation on behalf of the appellants. It is pertinent to mention here that on the death of the appellant's counsel Mr.M.N.S.Mohamed Habeeb Raja, a death memo was served on appellants 2 and 3. However, appellants did not take any steps to proceed with the appeal. Even today, despite the name being printed in the cause list, no one appeared on behalf of the appellants in spite of the matter is listed under the caption "For Dismissal". Hence, no fruitful purpose would be served keeping this appeal on file. Hence, this appeal is dismissed for default. There shall be no order as to costs. 16.10.2023 Index: Yes/No Speaking order/Non-speaking order gpa To

1. The Additional Subordinate Judge 2/4

Chengalpattu

2. The District Munsif's Court Chengalpattu 3/4

C.KUMARAPPAN.J., gpa 16.10.2023 4/4