Radhalakshmi Ammal vs P.Bakthavachala Chettiar
2021 Latest Caselaw 12178 Mad

                                                                      S.A.Nos.1870 & 1871 of 2003

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 22.06.2021

                                                     CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                            S.A.Nos.1870 & 1871 of 2003
                                                        and
                                               CMP.No.16982 of 2003

                     In S.A.No.1870 of 2003

                     1.Radhalakshmi Ammal
                     2.Vemenna
                     3.Gopanna                                                ...Appellants


                                                        vs.

                     P.Bakthavachala Chettiar                               ...Respondent


                     In S.A.No.1871 of 2003


                     Radhalakshmi Ammal                                       ...Appellant

                                                        vs.

                     1.P.Bakthavachala Chettiar
                     2.Mohan Kumar
                     3.Jayakumar                                            ...Respondents



                     Prayer in S.A.No.1870 of 2003: Second Appeal filed under Section 100
                     CPC, against the judgment and decree as made in A.S.No.80 of 2002
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                                                                            S.A.Nos.1870 & 1871 of 2003

                     dated 28.03.2003 on the file of the Principal District Judge,
                     Tiruvannamalai, confirming the judgment and decree as made in
                     O.S.No.855 of 1990, dated 04.04.2002 on the file of the Principal District
                     Munsif, Tiruvannamalai, decreeing the suit filed by the respondents
                     herein.


                     Prayer in S.A.No.1871 of 2003: Second Appeal filed under Section 100
                     CPC, against the judgment and decree as made in A.S.No.81 of 2002
                     dated 28.03.2003 on the file of the Principal District Judge,
                     Tiruvannamalai, confirming the judgment and decree as made in
                     O.S.No.143 of 1996, dated 04.04.2002 on the file of the Principal District
                     Munsif, Tiruvannamalai, dismissing the suit filed by the appellant herein.


                                   For Appellants in
                                   both S.A.Nos.       : Mr.R.Karthikeyan
                                   For Respondents
                                   in both S.A.Nos.    : Mr.T.R.Rajaraman



                                                COMMON JUDGMENT



                               This Court by its earlier order dated, 16.04.2021, directed the

                     appellant to take steps to bring on record the legal heirs of the deceased

                     first appellant in S.A.No.1870 of 2003 and the appellant in 1870 of 2003

                     before the next hearing date and in the same order, this Court has also

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                                                                            S.A.Nos.1870 & 1871 of 2003

                     made it clear that if steps are not taken, the second appeals shall stand

                     automatically dismissed for non-prosecution.



                               2. Till date, no steps have been taken by the appellant to bring on

                     record the legal heirs of the deceased first appellant in S.A.No.1870 of

                     2003 and the appellant in 1870 of 2003 in accordance with the earlier

                     order of this Court dated 16.04.2021. Hence, the Second Appeals are

                     dismissed for non-prosecution. No costs. Consequently, connected

                     miscellaneous appeal is closed.



                                                                                         22.06.2021

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


                     To

                     1.The Principal District Judge,
                        Tiruvannamalai.
                     2.The Principal District Munsif,
                       Tiruvannamalai.




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                     3/4
                                          S.A.Nos.1870 & 1871 of 2003

                                      ABDUL QUDDHOSE, J.

pvs

S.A.Nos.1870 & 1871 of 2003 and CMP.No.16982 of 2003

22.06.2021

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