N.Rajamony v. M/S.The Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR SA.No.1246 of 2004 and CMP.No.9037 of 2004 N.Rajamony ... Appellant -vs1.The Executive Officer, Kumarapuram Town Panchayat, Kalkulam Taluk, K.K. District.
2.The President, Kumarapuram Town Panchayat, Kalkulam Taluk, Kanniyakumari District.
.. Respondents PRAYER: The Second Appeal is filed under Section 100 C.P.C against the decree and Judgment made in O.S.No.220 of 1990, dated 02.03.1999 on the file of the Additional District Munsif Court at Padmanabhapuram as confirmed in A.S.No.36 of 1999, dated 17.02.2003 on the file of the Subordinate Judge at Padmanabhapuram.
For Appellant :
Mr.B. Brijgesh Kumar For 20th Respondent :
Mr. V. Om Prakash Government Advocate
JUDGMENT
This matter earlier came up for consideration on 30.10.2023. On that date, this Court taking note of the death of the sole appellant granted two weeks time to the appellant for taking appropriate steps by imposing the condition that if no such steps are not taken, the appeal shall stand dismissed automatically. In spite of the said order, no steps have been taken as on date. On the other hand, the learned counsel for the appellant submitted that in spite of his best efforts he could not secure the particulars of the LRs of the deceased sole appellant and seeks further time. This Court is not inclined to grant further time. In view of the order passed on 30.10.2023, this appeal already stood dismissed on expiry of two weeks from the date of the said order. Taking note of the same, the Second Appeal is dismissed as abated. However, it is left open to the LRs of the appellant if any to file an appropriate application seeking restoration of the appeal, if they are so advised. No costs. Consequently, the connected Miscellaneous Petition is closed.
08.02.2024 Internet : Yes / No Index : Yes / No trp
To
1. The Additional District Munsif Court at Padmanabhapuram.
2. The Subordinate Judge at Padmanabhapuram.
MUMMINENI SUDHEER KUMAR. J.
trp SA.No.1246 of 2004 and CMP.No.9037 of 2004 08.02.2024