A.Sivasankar (Died) v. Geetahai Kannan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA S.A.N o.380 of 2018 and C.M.P.No.10691 of 2018

1. A.Sivasankar (died)

2. Sasikala

3. S.S.Sangeeta Lakshmi (minor)

4. S.Thanishka (minor)

5. S.Madhumita (minor) ... Appellants (Appellants 2 to 5 brought into record as legal heirs of the deceased appellant vide Orders dated 21.01.2022 made in C.M.P.

9154 of 2021) ..Vs..

1. Geethai Kannan

2. Perfect Benefit Fund ltd., Rep. by its Director, K.Sathya Narayanan, No.10, Soorammal Street, Egmore, Chennai - 08.

3. Vamana Auctioneers, Rep. by its Partners, Room No.17, 1st Floor, O.S.Building, No.17, EK.Guru Street, Periamet, Chennai.

... Respondents PRAYER : Second Appeal filed under Section 100 C.P.C., against the decree and judgment dated 19.08.2017 in A.S.No.158/2011 on the file of 1/2

the IV Additional City Civil Court, Chennai, reversing the decree and judgment dated 21.04.2009 in O.S.No.2836/2005 on the file of the VII Assistant City Civil Court, Chennai.

For Appellants : No appearance For Respondents : No appearance

JUDGMENT

Today, when the matter is taken up for hearing, there is no representation for the appellants and the Respondents. 2.It is seen from the records that on several hearings, the counsel for the appellants did not appear before this Court and did not take any steps to implead the legal heirs of the deceased first respondent.

3. Hence, this Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed. 07.11.2024 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order vum 2/2

To 1.The IV Additional City Civil Court, Chennai. 2.The Assistant City Civil Court, Chennai.

3.The Section Officer, VR Section, High Court, Madras. 3/2

R. HEMALATHA, J.

vum S.A.N o.380 of 2018 and C.M.P.No.10691 of 2018 07.11.2024 4/2