R.Venkatesan v. K.Chellappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023 CORAM :

THE HON'BLE MR. JUSTICE P.VELMURUGAN C.M.S.A. No. 20 of 2021 ---- P.Venkatesan ... Appellant Vs.

1.K.Chellappan 2.A.Palaniappan ... Respondents [2nd respondent remained ex-parte in the Court below and hence, given up as un-necessary party] Civil Miscellaneous Second Appeal filed under Section 100 of Civil Procedure Code, 1908 read with Section 75(1) of the Provincial Insolvency Act, 1920 against the fair and final order dated 29.6.2010 made in C.M.A.No.24 of 2009 on the file of the Additional District Court-Fast Track Court No.1, Salem, reversing the fair and final order dated 27.4.2009 made in I.P.No.45 of 2006 on the file of the Principal Sub Court, Salem. Page No.1/4

For Appellant : Mr.V.Rajesh For Respondent : Mr.Kandhan Doraisami for R1 R2-Given up

J U D G M E N T

When the matter was listed for hearing on 09.08.2023, there was no representation for the appellant and the matter was directed to be listed on 28.08.2023 under the caption ''for dismissal''.

2. Today, when the matter is taken up for hearing, the learned counsel for the appellant submitted that the first respondent died and due to lack of instructions from the appellant to bring on record the legal representatives of the deceased first respondent, he is unable to take steps.

3. The learned counsel for the first respondent submitted that the first respondent died, but he did not produce any death certificate to that effect.

Page No.2/4

4. Since the learned counsel for the appellant is unable to prosecute the matter, this civil miscellaneous second appeal is dismissed for non-prosecution. There shall be no order as to costs. 28.08.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The Additional District Court-Fast Track Court No.1, Salem.

2.The Principal Sub Court, Salem.

3.The Section Officer, V.R.Section, High Court, Madras.

Page No.3/4

P.VELMURUGAN, J.

ms 28.08.2023 Page No.4/4