Kovai B.Jayaraman v. Sri Kannikaparameswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.06.2018

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No. 2217 of 2003 and C.M.P.No.5519 of 2005 1.Kovai B.Jayaraman 2.S.Ramani ( For themselves and representing Brahmin Community) Note: B.S.Manian (died on 16.10.1991) Third Appellant in A.S.No.13 of 2001 died pending First Appeal on 16.10.1991 and his son First plaintiff already on record.

...Appellants /Plaintiffs 1 & 2 Vs.

1.Sri Kannikaparameswari Devasthanam, Vysial Street, Coimbatore by its President.

2.The President, Arya Vysya Samajam, Coimbatore - 641 001.

...Respondents/Defendants

Prayer: Second Appeal filed under Section 100 of C.P.C., against the decree and judgment of the First Additional District Court cum Chief Judicial Magistrate Court, Coimbatore dated 25.06.2002 made in A.S.No.13 of 2001 confirming the judgment and decree of the Principal Subordinate Judge's Court, Coimbatore dated 20.12.2000 made in O.S.No.1101 of 1992.

For Appellants : Mr.R.Mukundan for M/s.Sarvabhauman Associates For RR1 :M/s.Geetha for M/s. Rajnish Pathiyil For RR2 : No appearance

J U D G M E N T

This Second Appeal had been adjourned, at the request of the learned counsel for the appellants for taking steps to bring the LRs of the deceased appellants on record. It is further found that the steps taken by the appellants for the substitution of certain parties in the place of the appellants had been rejected. Even thereafter, no proper steps had been taken by the appellants, to continue the prosecution of the Second Appeal, in the manner known to law. In such view of the matter, there is no purpose in keeping the Second Appeal further pending.

2.In the light of the above position, the second appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. MEMORANDUM OF COSTS Rs P Stamp for Vakalatnama ...

10.00 Translation Printing Charges ...

Nil .......

To be paid by the Appellant to the Respondent 10.00 .......

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar TO:

1.First Additional District Court cum Chief Judicial Magistrate Court, Coimbatore.

2.The Principal Subordinate Judge, Principal Subordinate Judge's Court, Coimbatore.

3.The Section Officer, VR Section, High Court, Chennai.(2 copies) +1cc to M/s.Sarvabhauman Associates, Advocate sr.no.40531 +1cc to M/s. Rajnish Pathiyil, Advocate sr.no.41121 S.A.No.2217 of 2003 ak(co) nr 10/07/2018