Ammasi vs Seerengan
2021 Latest Caselaw 12464 Mad

                                                                               S.A.No.1914 of 2003

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 25.06.2021

                                                         CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                  S.A.No.1914 of 2003
                                              and C.M.P.No.17302 of 2003

                     1.Ammasi
                     2.Manickam
                     3.Ganesan                                                         ...Appellants

                                                             vs.

                     1.Seerengan
                     2.Perumal
                     3.Lakshmanan                                                  ...Respondents

                     Prayer: Second Appeal filed under Section 100 of C.P.C., against the

                     Judgment and Decree dated 11.7.2003 in A.S.No.9 of 1998 on the file of

                     the Subordinate Judge, Sankagiri reversing the judgment and decree

                     dated 12.11.1997 in O.S.No.236 of 1990 on the file of the District

                     Munsif Court, Sankagiri.

                                   For Appellants        :     Mr.D.Shivakumaran
                                   For Respondents       :     R1 – died – steps due

                                                               R2 & R3 – served – No appearance




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                                                                               S.A.No.1914 of 2003

                                                      JUDGMENT

Today, learned counsel for the Appellant submits before this Court

that despite his best efforts to contact his client, he is unable to do so and

the letters sent by him has been duly acknowledged by him and despite

the said acknowledgement, he submits that the Appellants have failed to

contact him. Hence, he reports “no instructions” in this matter. The

same is recorded by this Court.

2.This Court by its earlier order dated 29.04.2021 directed the

learned counsel for the Appellant to take steps to bring on record the

legal representatives of the deceased first respondent before the next

hearing date and also made it clear in the same order that the Second

Appeal shall stand automatically dismissed for non-prosecution if steps

are not taken.

3.Till date, steps have not been taken to bring on record the legal

representatives of the deceased first respondent. Hence it can now be

inferred that the Appellants are not interested in prosecuting the Second

Appeal.

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

S.A.No.1914 of 2003

4.Hence in accordance with the order dated 29.04.2021, this

Second Appeal is dismissed for non-prosecution. No costs.

Consequently, connected miscellaneous petition is closed.

25.06.2021

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

To

1.The Subordinate Judge, Sankagiri.

2.The District Munsif Court, Sankagiri.

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

S.A.No.1914 of 2003

ABDUL QUDDHOSE, J.

pam

S.A.No.1914 of 2003

25.06.2021

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