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Madras High CourtSA/1412/2011dismissed for default

Alamelu v. Dhanakodi

2021-12-06Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE R. PONGIAPPAN S.A.No.1412 of 2011 and M.P.No.1 of 2011 Alamelu ...Appellant Vs 1.Dhanakodi 2.The Manager, Ambika Sugar Factory, Eraiyur, Pennadam.

3.Ramalingam

...Respondents

Prayer : The Second Appeal is filed under Section 100 of C.P.C. against the judgment and decree dated 20.06.2011 passed in A.S.No.75 of 2010 on the file of the Additional District cum Sessions Judge (Fast Track Court No.III), Viruthachalam confirming the judgment and decree dated 30.06.2010 made in O.S.No.141 of 2007 on the file of Principal Sub Court, Viruthachalam.

For Appellant :Mr.Karunamoorthy for Mr.P.R.Balasubramanian For Respondents-1 & 3 : Ms.Abirami for Mr.V.Raghavachari For Respondent-2 :No appearance

JUDGMENT

When this appeal came up for hearing on 30.11.2021, there was no representation for the appellant. Hence, the case was directed to be listed under the caption 'For Dismissal' on 06.12.2021. Accordingly, the case was listed today under the caption 'For dismissal'.

https://hcservices.ecourts.gov.in/hcservices/

2. Today, when the case was called one Mr.Karunamoorthy, learned counsel for the appellant appeared before this Court through Video Conference and sought time for taking steps to implead the legal representatives of the deceased sole appellant.

3. On going through the particulars available in the order sheet, it seems that the sole appellant had died on 10.05.2018 itself. But, till now, no steps have been taken to implead the legal representatives of the deceased sole appellant.

4. For the aforementioned reasons, this Second Appeal is dismissed for default. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar rsi To 1.The Additional District-cum-Sessions Judge (Fast Track Court No.III), Viruthachalam.

2.The Principal Subordinate Judge Viruthachalam.

S.A.No.1412 of 2011 and M.P.No.1 of 2011 AD(CO) SP(22/12/2021) https://hcservices.ecourts.gov.in/hcservices/