P.Venkatesan vs K.Chellappan
2023 Latest Caselaw 11341 Mad

                                                                                 C.M.S.A.No.20 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 28.08.2023

                                                       CORAM :

                                    THE HON'BLE MR. JUSTICE P.VELMURUGAN

                                                 C.M.S.A. No. 20 of 2021
                                                          ----

                     P.Venkatesan                                                ... Appellant

                                                          Vs.

                     1.K.Chellappan
                     2.A.Palaniappan                                            ... Respondents

                     [2nd respondent remained ex-parte
                     in the Court below and hence, given up
                     as un-necessary party]


                                     Civil Miscellaneous Second Appeal filed under Section 100 of
                     Civil Procedure Code, 1908 read with Section 75(1) of the Provincial
                     Insolvency Act, 1920 against the fair and final order dated 29.6.2010 made
                     in C.M.A.No.24 of 2009 on the file of the Additional District Court-Fast
                     Track Court No.1, Salem, reversing the fair and final order dated 27.4.2009
                     made in I.P.No.45 of 2006 on the file of the Principal Sub Court, Salem.




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https://www.mhc.tn.gov.in/judis
                                                                                   C.M.S.A.No.20 of 2021

                                   For Appellant        : Mr.V.Rajesh

                                   For Respondent       : Mr.Kandhan Doraisami
                                                          for R1
                                                          R2-Given up



                                                    JUDGMENT

When the matter was listed for hearing on 09.08.2023, there

was no representation for the appellant and the matter was directed to be

listed on 28.08.2023 under the caption ''for dismissal''.

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

counsel for the appellant submitted that the first respondent died and due to

lack of instructions from the appellant to bring on record the legal

representatives of the deceased first respondent, he is unable to take steps.

3. The learned counsel for the first respondent submitted that

the first respondent died, but he did not produce any death certificate to that

effect.

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https://www.mhc.tn.gov.in/judis C.M.S.A.No.20 of 2021

4. Since the learned counsel for the appellant is unable to

prosecute the matter, this civil miscellaneous second appeal is dismissed for

non-prosecution. There shall be no order as to costs.

28.08.2023

Index: Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No ms

To

1.The Additional District Court-Fast Track Court No.1, Salem.

2.The Principal Sub Court, Salem.

3.The Section Officer, V.R.Section, High Court, Madras.

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https://www.mhc.tn.gov.in/judis C.M.S.A.No.20 of 2021

P.VELMURUGAN, J.

ms

C.M.S.A.No.20 of 2021

28.08.2023

Page No.4/4

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