N.Sambasivam vs G.Lakshmanan
2023 Latest Caselaw 489 Mad

                                                                                  S.A.No.574 of 2008


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated : 09.01.2023

                                                         CORAM

                                    THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                                 S.A.No.574 of 2008
                                                         &
                                                  M.P.No.1 of 2008

                     N.Sambasivam                                               ...Appellant

                                                          Vs.

                     G.Lakshmanan                                         ...Respondent


                     Prayer: Second Appeal is filed under Section 100 of the Code of
                     Civil Procedure against the Judgment and Decree made in A.S.No.167
                     of 2003 dtaed 30.11.2005 on the file of Additional District and
                     Sessions Court, Fast Track Court – IV, Chennai, confirming the
                     Judgement and Decree dated 29.07.2002 made in O.S.No.6820 of
                     1989 on the file of the VII Assistant Judge, City Civil Court, Chennai.


                                     For Appellant   :     Mr.A.Lakshmanan

                                     For Respondent :      Died




                     1/5

https://www.mhc.tn.gov.in/judis
                                                                                         S.A.No.574 of 2008




                                                         JUDGMENT

There is no appearance for the learned counsel for the appellant.

2. On 14.06.2021, the following orders has been passed in

C.M.P.No.5830 of 2020 in S.A.No.574 of 2008 for condoning the

delay of 960 days in filing the petition to restore the petition filed for

bringing on record the legal representatives of the deceased sole

respondent:

“ The above application is filed for condoning the delay of 960 days in filing the petition to restore the petition filed to bring on record the legal heirs of the deceased 1st respondent. The application to bring on record the legal heirs was filed in M.P.SR.No.11159 of 2016 and the same was dismissed for default. It is to restore that application that the present application has been field with the delay of 960 days.

https://www.mhc.tn.gov.in/judis S.A.No.574 of 2008

2. It is also seen that the counsel after taking out this application had not been entering appearance and the matter was listed under the caption for dismissal on 24.02.2020. At which juncture the counsel had appeared and thereafter, the matter was listed on 30.04.2020. There was no representation and the matter was directed to be listed under the caption for dismissal on 03.06.2021. Today when the matter is listed, once again there is no representation on behalf of the counsel for the petitioner. Therefore the petition is dismissed for default.”

3. To date, this order has not been set aside and the CMP

restored. Therefore, the Second Appeal is dismissed as abated.

Consequently, connected Miscellaneous Petition is closed. No costs.

                                                                                       09.01.2023

                     Index      : Yes/No
                     Internet   : Yes/No
                     kan
                     To

1. The Additional District and Sessions Court, Fast Track Court – IV, Chennai.

https://www.mhc.tn.gov.in/judis S.A.No.574 of 2008

2.The VII Assistant Judge, City Civil Court, Chennai.

P.T. ASHA, J,

kan

S.A.No.574 of 2008

https://www.mhc.tn.gov.in/judis S.A.No.574 of 2008

09.01.2023

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