Sakthivel Nadar vs Gajapathy (Died)
2021 Latest Caselaw 10387 Mad

                                                                                S.A. No.46 of 2007

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 22.04.2021

                                                      CORAM

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                               S.A. No.46 of 2007 &
                                                 M.P.No.1 of 2007
                     Sakthivel Nadar                                      ...     Appellants
                                                           Vs

                     1.Gajapathy (Died)
                     2.S.Inbanathan
                     3.Saravanan
                     4.Radha
                     5.Gunabushanam
                     6.Suresh
                     7.G.Savithri
                     8.Minor Sethu
                     9.Minor Pasupathy
                       (minor respondents R8 and R9
                       represented by mother R7)
                                                                          ...   Respondents
                           (R4 to R9 are the LRS of the
                           deceased 1st respondent viz.,
                           Gajapathy vide order of Court
                           dated 26.02.2021 made in
                           M.P.Nos.2 & 3 of 2007 in
                           S.A.No.46 of 2007)

                     PRAYER: Second Appeal filed under Section 100 C.P.C. against the decree
                     and judgment dated 21.06.2006 made in A.S.No.40 of 2001 on the file of


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https://www.mhc.tn.gov.in/judis/
                                                                                      S.A. No.46 of 2007

                     the Additional District Judge/Fast Track Court No.II, Kancheepuram,
                     confirming the Judgment and Decree dated 14.03.2001 made in O.S.No.859
                     of 1994 on the file of the District Munsif, Kancheepuram.
                                     For Appellant             : No appearance
                                     For Respondents 2 to 9 : Mr.K.M.Balaji
                                           (R1-died)
                                                        JUDGMENT

The matter is listed under the caption for dismissal today. There is no

representation on the side of the Appellant. Even on the last hearing date

i.e., on 07.04.2021, there was no representation on the side of the Appellant.

2. Learned counsel for the respondents 2 to 9 would submit that the

respondents 2 to 9 have also not been served with copies of papers by the

Appellant counsel till date.

3. It can now be inferred that the Appellant is not interested in

prosecuting this second appeal. Accordingly, this second appeal shall stand

dismissed for non-prosecution. No costs. Consequently, connected

miscellaneous petition is closed.

22.04.2021

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https://www.mhc.tn.gov.in/judis/ S.A. No.46 of 2007

Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order

To

1. The Additional District Judge/Fast Track Court No.II, Kancheepuram,

2. The District Munsif, Kancheepuram.

https://www.mhc.tn.gov.in/judis/ S.A. No.46 of 2007

ABDUL QUDDHOSE, J.

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S.A. No.46 of 2007

22.04.2021

https://www.mhc.tn.gov.in/judis/