Sellavelu(Died) v. Palaniappan(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH S.A.No.883 of 2016 and C.M.P.No.17826 of 2016 Sellavelu (died)

1. Vigneswari

2. Parthiban

3. Jeevitha .... Appellants/Cross Obj./Defendants Vs

1. Palaniappan (Died)

2. Selvaraj

3. Sakthivel (R1 died. R2 & R3 are LRs of the R1 viz., Palaniappan vide Court order dated 23.02.2022 made in S.A.No.883 of 2016) .... Respondents PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside the Judgment and Decree dated 02.12.2014 in A.S.No.20 of 2009 on the file of the Subordinate Judge, Namakkal confirming the Judgment and Decree in O.S.No.839 of 2006 dated 16.10.2008 on the file of the Principal District Munsif, Namakkal. For Appellants : Mr. S.Victor Prasanth

JUDGMENT

When the matter came up for hearing on 01.04.2022, this Court passed the following order :

"Pursuant to the earlier orders passed by this Court, the matter is posted under the caption for reporting settlement. The respondent is also present at the time of hearing.

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2. The learned counsel for the appellant submitted that inspite of his best efforts, he is not able to contact his client. The learned counsel therefore wanted to send a registered letter to the appellant and thereafter inform this Court as to whether any instructions were received. Post this case under the same caption on 18.04.2022."

2. When the matter was taken up for hearing today, the learned counsel for the appellants submitted that a letter was sent to the appellants on 04.04.2022 through registered post and even thereafter, there are no instructions from the appellants. The letter that was sent to the appellants and also the returned covers were produced before this Court.

3. In view of the above developments, no instructions reported by the learned counsel for the appellants is recorded and the second appeal is closed. Consequently, the connected Miscellaneous Petition is also closed. No costs. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR Lpp To 1.The Subordinate Judge, Namakkal.

2.The Principal District Munsif, Namakkal.

Copy to The Section Officer, V.R. Section, High Court, Madras.

+1cc to Mr.C.Jagadish, Advocate Sr.26278 S.A.No.883 of 2016 and C.M.P.No.17826 of 2016 svi[co] srg 05/05/2022 https://hcservices.ecourts.gov.in/hcservices/