Miniammal vs Palaniappa Gounder
2021 Latest Caselaw 14218 Mad

                                                                               S.A.No.2225 of 2003

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 15.07.2021

                                                        CORAM:

                                    THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                    S.A.No.2225 of 2003
                                                and C.M.P.No.20962 of 2003

                     1.Miniammal
                     2.Rasammal
                     3.Ponnakkal @ Ponnammal
                     4.Sellamuthu
                     5.Pavayammal
                     6.K.Senthil Vadivu                                               ...Appellants
                                                           vs.
                     Palaniappa Gounder                                              ...Respondent

                     Prayer: Second Appeal filed under Section 100 of C.P.C., against the
                     Judgment and Decree of the Additional District Judge's Court, (Fast Track
                     No.IV, Erode) at Bhavani dated 28/06/2002 in A.S.No.19 of 2002 reversing the
                     Judgment and Decree of the I Additional District Munsif Court at Bhavani
                     dated 21/08/2000 in O.S.No.955 of 1992.


                                   For Appellants      : M/s.Sarvabhauman Associates
                                   For Respondent      : Sole respondent – died – steps due


                                                      JUDGMENT

This Court by its earlier order dated 23.06.2021 directed the

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

deceased Appellants 3 and 5 as well as the deceased sole respondent

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

S.A.No.2225 of 2003

ABDUL QUDDHOSE, J.

pam

before the next hearing date and also made it clear in the same order that

the Second Appeal shall stand automatically dismissed for non-

prosecution if steps are not taken.

2.As seen from the earlier proceedings, several opportunities were

granted to the Appellants to take steps to bring on record the legal

representatives of the respective deceased. Hence it can now be inferred

that the Appellants are not interested in prosecuting this Second Appeal.

3.In accordance with the order dated 23.06.2021, this Second

Appeal is dismissed for non-prosecution. No costs. Consequently,

connected miscellaneous petition is closed.

15.07.2021

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

To

1.The Additional District Judge's Court, (Fast Track No.IV, Erode) at Bhavani.

2.The I Additional District Munsif Court at Bhavani.

S.A.No.2225 of 2003

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