A. Ethiraj vs R. Munusamy
2021 Latest Caselaw 14588 Mad

                                                                              SA No.1269 of 2007

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 20.07.2021

                                                      CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                 SA No.1269 of 2007


                     A. Ethiraj                                  ...   Appellant

                                                     versus
                     1. R. Munusamy
                     2. Kamaraj
                     3. Nehru
                     4. Babuji                                   ...   Respondents


                               Second Appeal filed under Section 100 of Civil Procedure Code
                     against the judgment and decree dated 28.07.2006 and made in A.S.
                     No.61 of 2005 on the file of the learned Additional Subordinate Judge,
                     Tiruvannamalai confirming the judgment and decree dated 29.09.2004
                     and made in O.S. No.74 of 2001 on the file of the learned Additional
                     District Munsif Judge.


                               For Appellant         : Mr.G.Rajan


                               For Respondents       : M/s.Sarvabhauman Associates for R4
                                                       R1 to R3 - Served - No appearance




https://www.mhc.tn.gov.in/judis/
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                                                                                   SA No.1269 of 2007



                                                         JUDGMENT

(Heard Video Conference)

This Court by its earlier orders has made it clear that if steps are not taken to bring on record the Legal Representatives of the deceased 2nd and 4th respondents, before the next hearing date, the Second Appeal shall stand automatically dismissed. Several opportunities were granted to the appellant to take steps. However, till date, steps have not been taken to bring on record the Legal Representatives of the deceased 2nd and 4th respondents. It can now be inferred that the appellant is not interested to prosecute this Second Appeal. Accordingly, the Second Appeal is dismissed for non prosecution. No costs.

20.07.2021

Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2

To

1. The Subordinate Judge, Tiruvannamalai.

2. The Additional District Munsif, Tiruvannamalai.

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

SA No.1269 of 2007

ABDUL QUDDHOSE, J.

vsi2

SA No.1269 of 2007

20.07.2021

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