Kumarasamy v. S.S.A.Pechimuthu Pillai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2023

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI S.A.No.1379 2001 and C.M.P.No.20386 of 2001 Kumarasamy ... Plaintiff/Appellant/Appellant -Vs1.S.S.A.Pechimuthu Pillai 2.Lingama Naicker(Died) (Memo in USR 2479 is recorded as R2 died, A1 and R3 who were already on record and recorded as LRs of deceased R2 vide Court order dated 19.06.2019) 3.Ravi Narayanan 4.P.K.Jaganatha Perumal 5.K.Kandasamy 6.N.Ramesh 7.Chithu Reddiyan 8.A.Chandrasekaran 9.V.Bose (R4 to R9 impleaded as Party vide

as per order dated 27.12.2002 made in C.M.P.No.20386 of 2001) ... Defendants/Respondents/ Respondents PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 02.07.2001 made in A.S.No. 185 of 2001 on the file of the Sub-Court, Aruppukkottai, in confirming the judgment and decree dated 30.08.2000 made in O.S.No.340 of 1994 on the file of the District Munsif Court, Aruppukkottai. For Appellant : No appearance For R4 to R9 : Mr.Ramesh, for Mr.V.Srimathi

J U D G M E N T

It appears that the first and second respondents reported dead in the year 2019 itself. So far no steps appear to have been taken by the appellant's side. When the second appeal came up for hearing on 10.10.2023, as there was no representation for the appellant, the matter was

posted on 30.10.2023 under the caption "for dismissal". When the matter is taken up for hearing today, there is no representation on behalf of the appellant. The respondent Nos.4 to 9 are represented through their counsel. Hence, this Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. 30.10.2023 NCC:Yes/No Index:Yes/No Internet::Yes/No To 1.The Sub-Court, Aruppukkottai.

2.The District Munsif Court, Aruppukkottai.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

R. KALAIMATHI ,J.

Ns S.A.No.1379 2001 and C.M.P.No.20386 of 2001 30.10.2023