Lingammal vs Kuppusami Naicker
2021 Latest Caselaw 17665 Mad

                                                                                  S.A.No.1765 of 2004

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 27.08.2021

                                                      CORAM:

                              THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                S.A.No.1765 of 2004

                      1.Lingammal
                      2.Mangai
                      3.Periyanayagam
                      4.Pattu                                            ...    Appellants
                                                      Versus

                      Kuppusami Naicker                                  ...    Respondent

                               Second Appeal filed under Section 100 of CPC against the
                      Judgment and Decree dated 24.11.2003 passed in A.S. No.9 of 2000 on
                      the file of the Subordinate Judge, Kallakurichi, reveersing the judgment
                      and decree in O.S.No.320 of 1992 dated 27.10.1999 passed by II
                      Additional District Munsif, Kallakurichi.

                            For Appellants            : No Appearance

                            For Respondent            :Ms.T.R.Gayathri
                                                       for M/s.Sarvabhauman Associates

                                                      JUDGMENT

There is no representation on the side of the appellants, today.

2. The learned counsel for the respondent submitted that the first

and third appellants were reported dead in the year 2018 itself. Till date, http://www.judis.nic.in

S.A.No.1765 of 2004

steps have not been taken to bring on record the legal representatives of

the deceased first and third appellants. Hence, it can now be inferred that

the appellants are not interested to prosecute this Second Appeal.

Accordingly, the Second Appeal is dismissed for non prosecution. No

costs. Consequently, connected miscellaneous petition is closed.

27.08.2021

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

To

1. The Subordinate Judge, Kallakurichi.

2. The II Additional District Munsif, Kallakurichi.

http://www.judis.nic.in

S.A.No.1765 of 2004

ABDUL QUDDHOSE, J.

sr

S.A.No.1765 of 2004

27.08.2021

http://www.judis.nic.in