C.Kumarasamy v. K.P.Sellapan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and C.M.P.No.8549 of 2019 1.C.Kumarasamy 2.C.Saravanakumar 3.M.Selvi ...Appellants -VsK.P.Sellapan

...Respondent

Prayer:- Second Appeal preferred under 100 of CPC against the judgment and decree of the Sub Court, Sathyamangalam dated 28.01.2019 made in A.S.No.34 of 2018 reversing the judgment and decree of the District Munsif Court, Sathyamangalam, dated 10.04.2018 made in O.S.No.3 of 2017. For Appellants : No appearance For Respondent : Mr.J.Aravind for Mr.D.R.Arun Kumar 1/4

J U D G M E N T

When the case came up for hearing before this Court on 13.08.2024, this Court passed the following order:

"Learned counsel for the appellants and the learned counsel for the respondent are present.

2. Learned counsel for the respondent submits that the sole respondent passed away on 05.06.2021.

3. At the request of the learned counsel for the appellants, steps if any for the respondent, by 29.08.2024."

2. Today, i.e. 29.08.2024, when the case was taken up for hearing, there was no representation on behalf of the appellants.

3. Despite sufficient opportunities given, the appellants did not take steps to bring on record the legal representatives of the deceased - sole respondent. Hence, this second appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. 29.08.2024 cda Index : Yes/No Speaking/Non Speaking order 2/4

To 1.The Sub Court, Sathyamangalam.

2.The District Munsif Court, Sathyamangalam.

3.The Section Officer, VR Records, High Court, Chennai.

R.SAKTHIVEL, J.

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cda 29.08.2024 4/4