Gopalsamy Reddiar vs Ramasamy Reddiar
2021 Latest Caselaw 16307 Mad

                                                                                 SA No.2284 of 2003

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 10.08.2021

                                                      CORAM:

                              THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                 SA No.2284 of 2003
                                                        and
                                                CMP No.21564 of 2003

                      1. Gopalsamy Reddiar
                      2. Gowrambal
                      3. Panneerselvam                            ...   Appellants
                                                     versus
                      1. Ramasamy Reddiar
                      2. Selvaraj
                      3. Chinnasamy                               ...   Respondents

                              Second Appeal filed under Section 100 of Civil Procedure Code
                      against the judgment and decree dated 24.07.2003 passed in A.S. No.11
                      of 2000 on the file of Sub Court, Kallakurichi confirming the judgment
                      and decree dated 29.12.1999 passed in O.S. No.35 of 1994 on the file of
                      the Additional District Munsif Court, Kallakurichi.

                              For appellants         : Mr.P. Mathivanan
                              For respondents        : Ms.Abirami for
                                                       M/s.Sarvabhauman Associates
                                                       for R2 & R3
                                                       Not ready in notice reg. R1

                                                     JUDGMENT

(Heard Video Conference)

This Court by its earlier order dated 20.07.2021 made it clear that

if steps are not taken to bring on record the Legal Representatives of the http://www.judis.nic.in

SA No.2284 of 2003

deceased 1st appellant before the next hearing date, the Second Appeal

shall stand automatically dismissed as abated.

2. Today, the learned counsel for the appellants submits that the 3rd

appellant is also dead and even though he had contacted the Legal

Representatives of the deceased 1st and 3rd appellants, they are not co-

operating for the purpose of filing an application to bring on record the

Legal Representatives for the deceased first and third appellants.

3. After recording the said submission and in view of the said fact

that the 1st and 3rd appellants are dead and till date, no steps have been

taken to bring on record the Legal Representatives for the deceased 1st

and 3rd appellants, this Second Appeal is dismissed as abated. No costs.

Consequently, connected miscellaneous petition is closed.

10.08.2021

Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2

http://www.judis.nic.in

SA No.2284 of 2003

To

1. The Sub Judge, Kallakurichi.

2. The Additional District Munsif, Kallakurichi.

http://www.judis.nic.in

SA No.2284 of 2003

ABDUL QUDDHOSE, J.

vsi2

SA No.2284 of 2003

10.08.2021

http://www.judis.nic.in