Kasinathan vs Chittai Ammal
2021 Latest Caselaw 11819 Mad

                                                                          S.A. No.1136 of 2002

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 16.06.2021

                                                    CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                               S.A. No.1136 of 2002
                                                       and
                                               CMP No.9207 of 2002

                     1. Kasinathan
                     2. Velumail
                     3. Ambigapathy
                     4. Thiyagarajan                                  .... Appellants

                                                    Versus

                     1. Chittai Ammal
                     2. Muthu Udayar
                     3. Sarasu
                     4. Pachayammal
                     5. Durairaj
                     6. Vadamalli
                     7. Indirani
                     8. Chinnapillai
                     9. Rajendran
                     10. Kamatchi
                     11. Krishnamoorthy
                     12. Charanthaiya
                     13. Asaithambi
                     14. Parimala
                     RR10 to 14 brought on record as Lrs of
                            the deceased R2 viz., Muthu Udayar
                            vide order of Court dated 11.06.2019
                            in CMP No.18846 to 18848 of 2003          .... Respondents


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                                                                               S.A. No.1136 of 2002

                     Prayer : Second Appeal filed under Section 100 of the Civil Procedure
                     code, against the judgment and the decree of the Principal District Judge,
                     Villupuram, dated 17.10.2001 in A.S. No.114 of 2000 by dismissing the
                     appeal, by confirming the judgment and decree of the learned Principal
                     District Munsif, Ulundarpet, dated 25.06.2000 in O.S. No.168 of 1997

                     For Appellants                     : No appearance

                     For Respondents                    : Mr.V. Girish Kumar for R1
                                                          R2 – Died steps taken
                                                          R4 and R8 – Served – No appearance
                                                          R3 – No Residence
                                                          R5 – Tapal returned
                                                          R7 and R11 - Died
                                                          R10, R12 to R14 – No appearance



                                                        JUDGMENT

(Heard through Video Conference)

There is no representation on the side of the appellants. Steps have

also not taken to bring on record the Legal Representatives for the

deceased appellants. By an earlier order, dated 23.04.2021, this Court

has made it clear that if steps are not taken to bring on record the Legal

Representatives for the deceased appellants before the next hearing date,

the Second Appeal shall stand automatically dismissed for non

prosecution. Since, the learned counsel for the appellants has not

complied with the order dated 23.04.2021, the Second Appeal is https://www.mhc.tn.gov.in/judis/

S.A. No.1136 of 2002

dismissed for non prosecution. No costs. Consequently, connected

miscellaneous petition is closed.

16.06.2021

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

vsi2

To

1. The I Additional Subordinate Judge, Cuddalore.

2. The Additional District Munsif, Cuddalore

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

S.A. No.1136 of 2002

ABDUL QUDDHOSE, J.

vsi2

S.A. No.1136 of 2002

16.06.2021

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