Gopalakrishnaswami(Died) v. Venkataswami Naicker(Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.236 of 1998 and C.M.P.No.2461 of 1998 1.Gopalakrishnaswami(Died) 2.Subbulakshmi 3.Rajesh ....9th Defendant/2nd Appellant Appellant (A2 and A3 are brought on record as LRS of the deceased sole appellant vide Court order dated 30.01.2023) -Vs1.Venkataswami Naicker(Died) 2.Rangaswami Naicker 3.Subramania Naicker 4.Venkataswami 5.Krishnaswami 6.Ramaswami(died) 7.Dhanushkodi 8.Lakshmanan 9.Ellappa Naicker(Died) 10.E.Venkataswami 11.E.Navaneethakrishnan
12.E.Guruvammal 13.Janaki 14.Minor Venkatesh 15.Minor Bhuvaneshwari (Minors 14 to 15 are rept. By their mother and natural guardianship 13th respondent) 16.Thayammal(Died) 17.Avadaiammal(Died) 18.Thiruppathi 19.Sethuraj 20.Ragaveluchamy 21.Ramasubbu (R10 to R12 are brought on record as LRS of the deceased 9th respondent, R13 to R15 are brought on record as LRS of the deceased 6th respondent, R16 to R21 are brought on record as LRS of the deceased R1 vide order dated 03.04.2012) 22.Krishnasamy 23.Subbalakshmi 24.Subburathinam 25.Adhilakshmi 26.Tharmaraj (R22 to R26 are brought on record as LRS of the deceased 16th respondent vide Court order dated 25.04.2022) 27.Kosalai 28.Jeyalakshmi 29.Muthelraj 30.Rajaguru ...Plaintiff &Defendants 2 to 8 & 1st Defendants/ Respondents & 1st Appellants/ Respondents
(R27 to R30 are brought on record as LRS of the deceased 17th respondent vide Court order dated 28.01.2022) PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 27.08.1987 passed in A.S.No. 145 of 1996 by the Principal Subordinate Court, Srivilliputhur, confirming the judgment and decree dated 19.02.1996 passed in O.S.No.677 of 1994 by the Additional District Munsif, Srivilliputhur. For Appellant : Mr.T.Hariharan (No appearance) For R2 to 5, 7,8, 13 to 15, 25 to30 : Mr.A.Sivaji For R1, 6, 9,16 &17 &22 : Died For R10 to 12 & R18 to 21 : No appearance
J U D G M E N T
When the second appeal is taken up for hearing today, there is no representation on behalf of the appellants. The second appeal is pending from the year 1998 and despite sufficient opportunity was given to the appellants, they are not ready to proceed with the appeal. It is seen from the records that R22 died. So for no steps have been taken.
2.In view of the above, this Second appeal is dismissed for default with cost of Rs.1,00,000/-(Rupees One Lakh only) to be paid before the Registry (Judicial). In case, the appellants file an application for restoration, the Registry shall not take the application for restoration on file, unless they deposit the cost of Rs.1,00,000/-. Consequently, connected C.M.P is closed. 19.04.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Principal Subordinate Court, Srivilliputhur.
2.The Additional District Munsif, Srivilliputhur.
3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
P.VELMURUGAN ,J.
Ns S.A.No.236 of 1998 and C.M.P.No.2461 of 1998 19.04.2023