Jayapal vs Kandasamy
2021 Latest Caselaw 24393 Mad

                                                                               S.A.No.2058 of 2004

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 10.12.2021

                                                      CORAM

                                  THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                                                 S.A.No.2058 of 2004
                                             and C.M.P.No.17517 of 2004


                     1.Jayapal
                     2.Rajendran
                     3.Panneerselvam
                     4.Kanagaraj                                               ...Appellants

                                                        Vs
                     1.Kandasamy
                     2.Karian
                     3.Chinnasamy @ Koorakkan
                     4.Kutti                                                  ...Respondents

                           Second Appeal filed under Section 100 of the Code of Civil
                     Procedure as against the judgement and decree dated 31.10.2003 made in
                     A.S.No.45 of 2002 by the Principal District Judge, Dharmapuri at
                     Krishnagiri, reversing the Judgement and decree dated 25.9.2002 in
                     O.S.No.175 of 1999 by the District Munsif-cum-Judicial Magistrate,
                     Uthangarai.

                                    For Appellants        : M/s.Sarvabhauman Associates
                                    For Respondents       : Mr.N.E.A.Dinesh
                                                            for Mr.V.Nicholas for R1 & R3
                                                            No appearance for R2



                     1/4



https://www.mhc.tn.gov.in/judis
                                                                                        S.A.No.2058 of 2004

                                                        JUDGMENT

In the earlier order dated 27.08.2021, this Court directed the

appellants to take steps to bring on record the legal representatives of the

deceased fourth respondent and also directed to serve copies of papers on

the respondents' counsel and adjourned the matter to 24.09.2021.

2.On 28.09.2021, the learned counsel for the appellants sought time

and hence, the matter was adjourned by four weeks.

3.On 09.11.2021, the learned counsel for the appellants sought further

accommodation for taking steps to bring on record the legal representatives

of the deceased 4th respondent and time was extended till 23.11.2021 and

also this Court has made it clear that if steps are not taken, the appeal will

be disposed of on merits. Again on 03.12.2021, the matter was adjourned to

10.12.2021.

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

for the appellants submitted that he is not able to get instructions from the

appellants to pursue the matter further.

https://www.mhc.tn.gov.in/judis S.A.No.2058 of 2004

5.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.

10.12.2021

Internet: Yes/No ms

To

1.The Principal District Judge, Dharmapuri at Krishnagiri.

2.The District Munsif-cum-Judicial Magistrate, Uthangarai.

https://www.mhc.tn.gov.in/judis S.A.No.2058 of 2004

J.NISHA BANU, J., ms

S.A.No.2058 of 2004 and C.M.P.No.17517 of 2004

10.12.2021

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