S.Gnanambal vs R.Govindaraj
2023 Latest Caselaw 16137 Mad

Madras High Court

S.Gnanambal vs R.Govindaraj on 11 December, 2023

                                                                                  S.A.No.1026 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 11.12.2023

                                                          CORAM

                                   THE HONOURABLE MR. JUSTICE S.SOUNTHAR

                                                    S.A.No.1026 of 2019


                 S.Gnanambal                                                           ...Appellant

                                                            Vs.
                 R.Govindaraj                                                          ...Respondent

                 PRAYER : Second Appeal filed under Section 100 of the Civil Procedure
                 Code, against the judgment and decree dated 12.06.2019 in A.S.No.22 of
                 2016 on the file of Principal District Judge, Tiruvannamalai, Tiruvannamalai
                 District confirming the decree and judgment dated 29.02.2016 in O.S.No.3 of
                 2013 on the file of Principal Sub-ordinate Judge, Sub Court, Tiruvannamalai,
                 Tiruvannamalai District.


                                    For Appellant            : Mr.R.Rajarajan


                                    For Respondent           :    Mr. K.Govi Ganesan




https://www.mhc.tn.gov.in/judis
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                                                                              S.A.No.1026 of 2019


                                                     ORDER

The second appeal came up for hearing along with connected

S.A.No.463 of 2017. When connected S.A.No.463 of 2017 was listed before

this Court on 17.10.2023, it was represented by both the counsels that

S.A.No.1026 of 2019 also to be posted. At their request, both the matters

directed to be posted together on 31.10.2023.

2. When both the matters were listed before this Court on 31.10.2023,

the learned counsel for the appellant in S.A.No.1026 of 2019 took time to file

an application to bring on record the legal representatives of the deceased sole

respondent. At his request, the matter was adjourned to 01.12.2023. When the

matter was listed on 01.12.2023, again the learned counsel for the appellant

took time to file LR petition. Hence, at his request the matter was adjourned to

11.12.2023. Till date, no steps have been taken to bring on record the legal

representatives of the deceased sole respondent.

3. It is seen from the records of connected S.A.No.463 of 2017, the

respondent in S.A.No.1026 of 2019 was arrayed as appellant in S.A.No.463 of

2017. Already steps have been taken to bring on record the legal https://www.mhc.tn.gov.in/judis

representatives of deceased sole appellant in S.A.No.463 of 2017 and the same

was ordered by this Court on 24.11.2022. In spite of the same, the appellant in

S.A.No.1026 of 2019 has not taken any steps to bring on record the legal

representatives of the deceased sole respondent. Hence, the second appeal in

S.A.No.1026 of 2019 is dismissed as abated. No costs.

                                                                                    11.12.2023

                 Index            : Yes/No
                 Internet         : Yes/No
                 nr




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




                                    S.SOUNTHAR, J.

                                                     nr









                                           11.12.2023.




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