Sivgnanam vs A.Rajagopal Gounder
2021 Latest Caselaw 24173 Mad

                                                                                       S.A.No.1845 of 2004

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 08.12.2021

                                                            CORAM

                                    THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                                                     S.A.No.1845 of 2004
                                                            and
                                                    C.M.P.No.7022 of 1993


                     1.Sivgnanam
                     2.Padmanabhan
                     3.Bhaktavatsalam                                                  ...Appellants
                                                               Vs

                     1.A.Rajagopal Gounder
                       Special Officer,
                       Koliyanoor Panchayat Union,
                       Koliyanoor Village.

                     2.Raghupathy                                                    ...Respondents

                                  Second Appeal filed under Section 100 of the Code of Civil Procedure
                     as against the judgement and decree dated 07.09.1992 passed in A.S.No.139
                     of 1990 by the Sub Judge, Villupuram in confirming the Judgement and
                     decree dated 28.2.1990 in O.S.No.767 of 1987 by the learned Additional
                     District Munsif, Villupuram.




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https://www.mhc.tn.gov.in/judis
                                                                                      S.A.No.1845 of 2004



                                        For Appellants          : Ms.Abirami
                                                                  for Mr.V.Raghavachari

                                        For Respondents         : No appearance


                                                         JUDGMENT

When the matter was taken up for hearing on 27.08.2021, the learned

counsel for the appellants submitted that the first respondent died and she

sought time for taking steps to bring on record the legal representatives of

the deceased first respondent and this Court has made it clear that if the

appellant has not taken steps before the next date of hearing, the Second

Appeal shall stand automatically dismissed for non-prosecution as against

the first respondent and adjourned the matter to 06.09.2021.

2.On 07.09.2021, when the matter was taken up for hearing, the

learned counsel for the appellants sought time and hence, the matter was

adjourned by four weeks.

3.On 06.10.2021, when the matter was taken up for hearing, the

learned counsel for the appellant sought further time to implead the legal

https://www.mhc.tn.gov.in/judis S.A.No.1845 of 2004

heirs of the deceased first respondent and the matter was adjourned by four

weeks.

4.Thereafter, on 22.11.2021, at the request of the learned counsel for

the appellants, the matter was adjourned to 23.11.2021. Again, on

23.11.2021, the matter was adjourned to 07.12.2021.

5.Today, when the matter is taken up for hearing, learned counsel for

the appellants submitted that she is not able to get instructions from the

appellants to pursue the matter further.

6.In view of the above submissions made by the learned counsel for

the appellants, this Second Appeal is dismissed for non-prosecution.

However, there shall be no order as to costs. Consequently, connected

miscellaneous petition is closed.

08.12.2021

Internet: Yes/No ms

https://www.mhc.tn.gov.in/judis S.A.No.1845 of 2004

J.NISHA BANU, J., ms

To

1.The Sub Judge, Villupuram

2.The Additional District Munsif, Villupuram.

S.A.No.1845 of 2004 and C.M.P.No.7022 of 1993

08.12.2021

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