Rathinam vs Nachi Nadar
2021 Latest Caselaw 12180 Mad

                                                                                 S.A.No.1837 of 2004

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 22.06.2021

                                                     CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                S.A.No.1837 of 2004



                     Rathinam                                                       ...Appellant

                                                         vs.

                     1.Nachi Nadar
                     2.Karuppusamy
                     3.Karuppanna Nadar
                     4.K.Lakshmanan
                     5.K.Duraisamy
                     6.K.Ramasamy
                     7.K.Kumarasamy
                     8.Nallammal
                     9.K.C.Thangarasu
                     10.K.C.Doraisamy                                            ...Respondents



                     Prayer: Second Appeal filed under Section 100 CPC, against the
                     judgment and decree, dated 02.08.1999 and made in A.S.No.248 of 1998
                     on the file of the II Additional District Judge, Erode, partly reversing the
                     judgment and decree dated 30.10.1998 and made in O.S.No.24 of 1998
https://www.mhc.tn.gov.in/judis/
                     1/4
                                                                                  S.A.No.1837 of 2004

                     on the file of the I Additional District Munsif Court, Erode and prays to
                     set-aside the same insofar as reversing the decree of permanent
                     injunction granted by the trial Court,


                                   For Appellant      : Mr.Selvaraju


                                   For Respondents
                                      for R1          : Died
                                      for R2          : No appearance
                                      for R3 to R10   : Refused


                                                      JUDGMENT

This Court by its earlier order dated, 27.04.2021, directed the

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

first respondent before the next hearing date and in the same order, this

Court has made it clear that if steps are not taken, the second appeal 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 respondent in accordance with

the earlier order of this Court dated 27.04.2021. Hence, the Second

Appeal is dismissed for non-prosecution. However, liberty is granted to

the appellant to file an application seeking for restoration of the second

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

S.A.No.1837 of 2004

appeal. No costs.

22.06.2021

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

To

1.The II Additional District Court, Erode.

2.The I Additional District Munsif Court, Erode.

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

S.A.No.1837 of 2004

ABDUL QUDDHOSE, J.

pvs

S.A.No.1837 of 2004

22.06.2021

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