Ramaswamy vs N.Subramaniyam
2021 Latest Caselaw 14921 Mad

                                                             SA No.1163 of 2005

        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                          DATED: 26.07.2021

                                CORAM:

        THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                          SA No.1163 of 2005
                                 and
                         CMP No.16070 of 2005

Ramaswamy                                   ...       Appellant

                               versus
N.Subramaniyam                              ...       Respondent


      Second Appeal filed under Section 100 of Civil Procedure Code
against the decree and judgment dated 28.10.2004 in A.S. No.39 of 2004
on the file of First Additional Subordinate Court, Cuddalore, reversing
the judgment and decree dated 23.03.2004 in O.S. No.493 of 2003 on the
file of Principal District Munsif Court, Cuddalore.


      For Appellant            : No appearance


      For Respondent           : Ms.Nilapher
                                 for M/s.R.Meenal




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                                                            SA No.1163 of 2005

                                JUDGMENT

(Heard Video Conference)

The matter is listed under the caption "for dismissal", today.

2. There is no representation on the side of the appellant once

again, It is informed by the learned counsel for the respondent that the

sole respondent died as early as in the year 2018 and till date, no steps

have been taken to bring on record the Legal Representatives of the

deceased sole respondent. 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. Consequently,

connected miscellaneous petition is closed.

26.07.2021

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

To

1. The First Additional Subordinate Judge, Cuddalore.

2. The Principal District Munsif, Cuddalore.

SA No.1163 of 2005

ABDUL QUDDHOSE, J.

vsi2

SA No.1163 of 2005

26.07.2021