Babu vs Kaliaperumal
2021 Latest Caselaw 14220 Mad

                                                                                S.A.No.1641 of 2004

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 15.07.2021

                                                         CORAM:

                                    THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                    S.A.No.1641 of 2004

                     Babu                                                               ...Appellant
                                                            vs.
                     Kaliaperumal                                                     ...Respondent

                     Prayer: Second Appeal filed under Section 100 of C.P.C., against the
                     Judgment and Decree in A.S.No.31/2003 on the file of the Principal Sub Judge
                     Vridhachalam dated 10.11.2003, in reversing the Judgment and Decree in
                     O.S.No.279/1998 on the file of the Principal District Munsif, Vridhachalam
                     dated 07.06.2002.


                                   For Appellant        : Mr.V.Raghavachari
                                   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 sole respondent 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.

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

S.A.No.1641 of 2004

ABDUL QUDDHOSE, J.

pam

2.Till date, steps have not been taken to bring on record the legal

representatives of the deceased sole respondent. Hence it can now be

inferred that the Appellant is 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.

15.07.2021

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

To

1.The Principal Sub Judge Vridhachalam.

2.The Principal District Munsif, Vridhachalam.

S.A.No.1641 of 2004

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