Sivabhagyam vs Kadhar Bi
2021 Latest Caselaw 12583 Mad

                                                                                      S.A. No.1722 of 2003




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 28.06.2021

                                                          CORAM

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                     S.A. No.1722 of 2003


                     Sivabhagyam                                            ...    Appellant

                                                             Vs

                     Kadhar Bi                                              ...   Respondent


                     PRAYER: Second Appeal filed under Section 100 C.P.C. against the

                     judgment and decree dated 30.09.1996 passed in A.S.No.154 of 1996 on the

                     file of the Subordinate Judge, Kallakurichi reversing the Judgment and

                     decree dated 06.10.1993 passed in O.S.No.1010 of 1992 on the file of of the

                     District Munsif Court, Kallakurichi.



                                     For Appellant       : M/s.Sarvabhauman Associates


                                                        JUDGMENT

https://www.mhc.tn.gov.in/judis/ S.A. No.1722 of 2003

This Court, by earlier order dated 17.04.2021 directed the

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

respondent, before the next hearing and made it clear that if steps are not

taken, the Second Appeal shall stand dismissed for non-prosecution

automatically. Till date, the learned counsel for the appellant has not taken

steps to bring on record the legal heirs of the deceased sole respondent, as

directed by this Court in its earlier order dated 17.04.2021.

2. Today, when the matter is taken up for hearing, the learned

counsel for the appellant seeks further time to take steps to bring on record

the legal heirs of the deceased sole respondent. No further indulgence can

be shown to the learned counsel for the appellant, in view of the long

pendency of the Second Appeal. Accordingly, as directed by this Court in

its earlier order dated 17.04.2021, the Second Appeal is dismissed for non-

prosecution. No costs.

28.06.2021 rgr Index: Yes/ No Internet: Yes/No

https://www.mhc.tn.gov.in/judis/ S.A. No.1722 of 2003

ABDUL QUDDHOSE, J.

rgr

S.A. No.1722 of 2003

28.06.2021

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