Sellammal v. Pavunambal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR S.A. No.174 of 2017 and C.M.P. No.3572 of 2017 1.Sellammal 2.Rasu Konar 3.Karuppaiah Konar 4.Muthiya Konar ... Appellants

Versus

Pavunambal ... Respondents Second Appeal filed under Section 100 of Civil Procedure Code, 1908, against the judgment and decree dated 30.01.2015 made in A.S. No.10 of 2013 on the file of the learned Principal District Judge, Ariyalur confirming the judgment and decree dated 27.10.2005 made in O.S. No.457 of 2004 on the file of the learned District Munsif, Ariyalur so far as against the appeallants concerned.

For Appellants : No appearance For Respondent : Mr. V.P.Nalliappan

JUDGMENT

It was reported earlier that the second appellant died ten months back. Though the first respondent is one of the legal heirs of the deceased second appellant, it was admitted before this Court that other legal heirs of the deceased second appellant should be brought on record. Though adjournments were sought to bring on record the legal heirs of the deceased second respondent, no steps were taken so far. Therefore, this Court directed the matter to be listed today under the caption "For dismissal". Though the matter is listed today under the caption "For dismissal", there is no representation for the appellant. Hence, this Court has no other option but to dismiss this appeal for non-prosecution.

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Accordingly, this second appeal is dismissed for nonprosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar bkn To 1.The Principal District Judge, Ariyalur.

2.The District Munsif Court, Ariyalur.

Copy to The Section Officer, Vernacular Records, High Court, Madras.

+1cc to M/s.P.Valliappan, Advocate Sr.28638 S.A. No. 174 of 2017 sr-II[co] srg 30/07/2021 https://hcservices.ecourts.gov.in/hcservices/