Madras High CourtSA(MD)/310/2005dismissed for nonprosecution

Sarojini v. S.Harris Nadar

2021-03-04Honourable Mrs Justice S.Kannammal2 pages

S.A.(MD)No.310 of 2005 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.KANNAMMAL S.A.(MD)No.310 of 2005 1.Sarojini 2.W.Libin (Minor) 3.Chellammal 4.S.Russelraj 5.S.Chellayan 6.S.Tharmaraj 7.S.Baby ... Appellants (2nd Appellant is represented by his next friend mother and natural Guardian, the 1st Appellant) Vs.

S.Harris Nadar

...Respondent

PRAYER:This Second Appeal has been filed under Section 100 of Civil Procedure Code, against the judgment and decree passed in A.S.No.23 of 2003, dated 10.02.2005 on the file of the Subordinate Judge, Padmanabhapuram, by setting aside the judgment and decree passed in O.S.No.315 of 2000, dated 06.01.2003 on the file of the Principal District Munsif Court, Padmanabhapuram.

For Appellants : No Appearance For Respondent : Mr.K.N.Thambi

J U D G M E N T

Today, when the matter is taken up for hearing there is no representation for the appellants. The learned counsel for the respondent has filed a memo on 12.02.2021 stating that the sole respondent died on 15.02.2014. In spite of several adjournment given, there is no representation for the appellant and no steps were taken for the deceased sole respondent till today.

2. Hence, this Second Appeal is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.310 of 2005 vsd Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Subordinate Judge, Padmanabhapuram, 2.The Principal District Munsif, Padmanabhapuram.

3.The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai(2 copies).

+1 CC to M/s.K.N.THAMPI, Advocate ( SR-9287[F] dated 05/03/2021 ) S.A.(MD)No.310 of 2005 04.03.2021 PM(CO) TR(23.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2