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Madras High CourtA/850/2014dismissed for nonprosecution

M. Rathinavelu (Deceased) v. N Krishnamoorthy

2016-11-01Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2016

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Application Nos.850 to 855 of 2014 in C.S.No.736 of 2011 M.Rathinavelu (deceased) 1.R.Varadaraj 2.R.Sankar 3.R.Saravanan 4.R.Maheswari ...Applicants/Proposed Plaintiffs 2 to 5 -vs

1. N.Krishnamoorthy

2. Girija

3. Pankajam

4. Uma Devi

5. Vijayalakshmi

6. Jagadesan

7. Pattabiram (died)

8. Sulochana (died)

9. Bhuvaneswai

9. Lalitha 11.C.Subramaniyan .. Respondents Applications filed under Order XIV Rule 8 of Original Side Rules read with Order 22 Rule 4 of C.P.C. praying to set aside the abatement caused due to death of Tr.Pattabiram, 7th defendant in the above said suit.

For Applicant : No Appearance For Defendants 1 to 6 and D10 : Mr.S.Ramesh

O R D E R

One A.P.Periya Muthu, Advocate, No.250, Law Chambers, High Court Buildings, has filed these applications. Earlier, the same counsel had appeared in Application No.5367 of 2014 in C.S.No.736 of 2011 to bring on record the legal heirs of the deceased sole plaintiff, which was allowed on 02.09.2014. After carrying out the amendment, the above applications are filed for bringing on record the legal heirs of the deceased seventh and eighth defendant. 2.

When the matter was listed on 18.10.2016, there was no representation for the applicants / plaintiffs and the Registry was directed to find out the correct name of the counsel appearing for the applicants / plaintiffs and print the name of the counsel and directed to list the case on 25.10.2016. Though the name of the counsel has been printed in the cause list on 25.10.2016, there was no representation for the applicants / plaintiffs.

3.

Although Mr.S.Ramesh, learned counsel appearing for the respondents D1 to D6 and D10 has taken efforts to reach Mr.A.P.Periyamuthu, Advocate, he has not responded. Even today (01.11.2016), there is no representation for the applicants/plaintiffs. Hence, these applications are dismissed for non prosecution.

01.11.2016 srn

PUSHPA SATHYANARAYANA, J srn Application No.850 of 2014 in C.S.No.736 of 2011 01.11.2016 http://www.judis.nic.in