Madras High CourtCMA/645/2003dismissed

S.Govindarajulu, v. S.Ramakrishnan,

2017-02-07Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2017 CORAM : THE HONOURABLE Mr. JUSTICE N.SESHASAYEE CMA.No.645 of 2003 and CMP. No.5108 of 2003 S.Govindarajulu ...

Appellant/Respondent/ Plaintiff Vs.

1.S.Ramakrishnan (deceased) 2.S.Mariappan 3.S.Kasinathan 4.Gangiammal 5.Vijayalakshmi 6.Rajalakshmi 7.Jayanthi [Respondents 4 to 7 are brought on record as legal representatives of the deceased 1st respondent vide order of Court dated 08.9.2009 in CMP.No.9152 of 2005] ... Respondents/Appte/Defts (RR & R3 remained exparte in the courts below) Prayer : Civil Miscellaneous Appeal filed under Order 43 Rule 1(u) of C.P.C., against the order of remand passed in A.S.No.6 of 2002 dated 22.10.2002 on the file of the Principal District Judge, Nagapattinam after setting aside the judgment and decree made in O.S.No.171 of 2000 dated 07.11.2001 on the file of Principal Subordinate Judge, Myladuthurai.

For Appellant : No Appearance For Respondents : Mr.Srinath Sridevan [ R4 to R7]

JUDGMENT

There is no representation for the appellant. The learned counsel appearing for the respondents 4 to 7 submitted that the appellant had died on 01.01.2014 and the second respondent had died on 02.10.2008 and no steps have been taken in both the instances to bring on record the legal representatives of the deceased appellant and the second respondent respectively.

2. After several adjournments, the case came up before this Court on 08.01.2017 and on that date this Court granted two weeks time to the learned counsel to take steps to bring on https://hcservices.ecourts.gov.in/hcservices/

record the legal heirs of the deceased, but till date it was not taken. Even today there was no representation. Hence the appeal abates and the same is dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ds To 1.The Principal District Judge, Nagapattinam.

2.The Principal Subordinate Judge, Myladuthurai.

Copy to:3.The Section Officer, VR Section, High Court, Madras.

rsy(CO) md(02/03/2017) CMA.No.645 of 2003 https://hcservices.ecourts.gov.in/hcservices/