R.Rangasamy v. V.Palanisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.Nos.1033 & 1034 of 2000 and C.M.P.Nos.9437 & 9438 of 2000

1) N.Rangasamy ... Sole Appellant in S.A.No.1034 of 2000 and 1st Appellant in both S.A.No.1033 of 2000(1st Defendant in O.S.Nos.1830/94 and plaintiff in O.S.Nos.1840/94)

2) R.Janaki ... 2nd Appellant in S.A.No.1033 of 2000 (2nd Defendant in O.S.Nos.1830/94) Vs.

V.Palanisamy ..1st Respondent in S.A.No.1033/2000 (1st Plaintiff in O.S.Nos.1830/1994) V.Partharaju ...2nd respondent in S.A.No.1033 of 2000 (2nd Plaintiff in O.S.Nos.1830/94) and ...3rd respondent in S.A.No.1034 of 2000 (3rd Defendant in O.S.Nos.1840/94) V.Palanisamy Naidu ..2nd Respondent in S.A.No.1034/2000 (2nd Defendant in O.S.Nos.1840/94) R.Narayanasamy ... 1st respondent in S.A.No.1034 of 2000 (1st Defendant in O.S.Nos.1840/94) Tmt.P.Chandra ... 4th respondent in S.A.No.1034 of 2000 (4th Defendant in O.S.Nos.1840/94) Common Prayer: Second Appeals have been filed under Section 100 of C.P.C. against the common Judgment and Decree, rendered in A.S.Nos.160 & 161 of 1997 respectively, on the file of I st

Additional District Judge cum Chief Judicial Magistrate, Coimbatore dated 10.08.1998 confirming the common judgment and decree passed in O.S.Nos.1830 & 1840 of 1994 respectively, on the file of the 3rd Additional District Munsif Court, Coimbatore dated 17.06.1997.

For Appellants : M/s.A.Sivaji, in both Second Appeals For Respondents : M/s.V.Nicholas, in both Second Appeals C O M M O N J U D G M E N T As the issue involved in both the Second Appeals are one and the same, the cases are disposed of by a Common Judgment.

2. The learned counsel for the appellants submitted that the the first appellant in S.A.No.1033 of 2000 and the sole appellant in S.A.No.1034 of 2000 is no more. In respect of the second appellant in S.A.No.1033 of 2000, it is submitted by the learned counsel that inspite of sending notice to the second appellant, the second appellant is not responding to the notice and the said notice returned with an endorsement 'door locked'.

3. Accordingly, S.A.No.1033 of 2000 is dismissed as 'abated' and S.A.No.1034 of 2000 is dismissed as 'abated' as against the first Appellant and dismissed for 'non-prosecution' as against the second appellant. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar sts To 1.The Ist Additional District Judge cum Chief Judicial Magistrate, Coimbatore.

2.The 3rd Additional District Munsif Coimbatore.

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

+1 CC to Mr.A. Sivaji, Advocate sr 11061.

+1 CC to Mr.V. Nicholas, Advocate sr 11508.

S.A.Nos.1033 & 1034 of 2000 and C.M.P.Nos.9437 & 9438 of 2000 SV(CO) SP(13/04/2018)