Venkataramanappa vs Kempaiah
2022 Latest Caselaw 562 Mad

                                                                                       S.A.No.611 of 2009

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 10.01.2022

                                                          CORAM:

                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU

                                                   S.A.No.611 of 2009
                                                  and M.P.No.1 of 2009

                     1.Venkataramanappa

                     2.Thimmakka                                                        ... Appellants

                                                             Vs.

                     Kempaiah
                     ...Respondent

                     Prayer:         Second Appeal filed under Section 100 of the Code of Civil

                     Procedure, against the Judgment and Decree of the learned Subordinate Judge

                     of Hosur, dated 3.1.2008 in A.S.No.12 of 2007 confirming the Judgment and

                     Decree of the learned District Munsif of Hosur dated 29.8.2006 in O.S.No.91

                     of 1993.

                                     For Appellants           : Mr.V.Karthikeyan
                                                                for Mr.V.Nicholas

                                     For Respondent           : Sole respondent died



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                                                                                    S.A.No.611 of 2009



                                                      JUDGMENT

On 26.08.2021, when the matter came up for hearing, there was no

representation on behalf of the appellants. Hence, the matter was directed to

be listed under the caption, 'for dismissal' on 27.08.2021. On 27.08.2021,

when the matter was taken up for hearing, the learned counsel for the

appellants submitted that the sole respondent died and sought time to implead

the legal heirs of the deceased sole respondent and hence, it was directed to

be listed after four weeks. When the matter was listed on 08.10.2021, by

stating the same reason, the learned counsel sought time. Thereafter, on

16.10.2021, there was no representation and on 20.12.2021, since there was

no representation on behalf of the appellants, the matter was directed to be

listed under the caption, 'for dismissal' on 10.01.2022.

https://www.mhc.tn.gov.in/judis S.A.No.611 of 2009

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

appellant again seeks time to take steps. However, I am not inclined to

entertain the said request. Hence, the second appeal is dismissed for non

prosecution. No costs. Consequently connected Miscellaneous Petition is

also closed.

10.01.2022

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

To

1.The Subordinate Judge, Hosur.

2.The District Munsif, Hosur.

https://www.mhc.tn.gov.in/judis S.A.No.611 of 2009

J.NISHA BANU, J.

RR

S.A.No.611 of 2009

10.01.2022

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