Smt.Sinigi Ammal (Died) vs J.B.Bhojan
2022 Latest Caselaw 560 Mad

                                                                              S.A.No.311 of 2006

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 10.01.2022

                                                     CORAM:

                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU

                                                S.A.No.311 of 2006
                                            and C.M.P.No.4257 of 2006

                     Smt.Sinigi Ammal (Died)

                     2.R.Chandran
                     3.R.Krishnan
                     4.C.Lakshmi
                     5.R.Mani
                     6.Shanthi                                                 ...
                     Appellants
                     (Appellants 2 to 6 brought on record as LRs of the
                     deceased sole appellant viz., Sinigi Ammal vide
                     order of this Court dated 29.01.2020 made in
                     CMP.No.21508, 21509 and 21513/2019)

                                                        Vs.

                     J.B.Bhojan
                                                   ...Respondent

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure, against the Judgment and Decree passed in A.S.No.62 of 2004
                     dated 06.04.2005 passed by the Subordinate Judge of the Nilgiris of
                     Udhagamandalam thereby set asiding the Judgment and Decree of the


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https://www.mhc.tn.gov.in/judis
                                                                                       S.A.No.311 of 2006

                     learned District Munsif, Coonoor dated 29.10.2003 in O.S.No.321 of 1991
                     in respect of 3rd item of the suit property.
                                        For Appellant           : Mr.Mohanraj
                                                                  for Mr.A.Bobblie

                                        For Respondent          : R1 – Died


                                                         JUDGMENT

When the matter was taken up for hearing on 19.08.2021, the learned

counsel for the appellant submitted that he has already filed an application

to bring on record the legal representatives of the deceased sole respondent

in CMP SR No.73092 of 2021, which has been returned by the Registry for

certain compliances and hence, the Registry was directed to number the said

application and list the same along with the second appeal for hearing on

16.09.2021. When the matter was listed on 16.09.2021 and 22.10.2021, the

learned counsel sought further time and hence, it was directed to be listed

after four weeks. Again when the matter was listed on 21.12.2021, at the

request of the learned counsel, it was directed to be listed on 10.01.2022.

2.When the matter was taken up today, the learned counsel for the

appellants again prayed for short accommodation to bring on record the

https://www.mhc.tn.gov.in/judis S.A.No.311 of 2006

legal representatives of the deceased respondent. It is very unfortunate that

the matter has been listed for number of times, however, the learned counsel

sought time and hence, this Court is not inclined to accede to the request of

the learned counsel for the appellant. Therefore, the second appeal is

dismissed for non prosecution. No costs. Consequently connected

Miscellaneous Petition is closed.

10.01.2022

Internet: Yes/No Speaking order/Non-speaking order RR

To

1.The Subordinate Judge of the Nilgiris of Udhagamandalam .

2.The District Munsiff, Coonoor .

https://www.mhc.tn.gov.in/judis S.A.No.311 of 2006

J.NISHA BANU, J.

RR

S.A.No.311 of 2006

10.01.2022

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