P.Saminathan vs Rengan Alias Rengasamy
2023 Latest Caselaw 5818 Mad

                                                                                  SA.No.1836 of 2001



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 08.06.2023

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                    SA.No.1836 of 2001

                     1.P.Saminathan
                     2.Samudhiram                                              ...Appellants
                                                             vs.

                     1.Rengan alias Rengasamy

                     2.Special Tahsildar,
                       ADW, Thiruvaiyaru.                                      ... Respondents


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure to set aside the Judgment and Decree dated 07.09.2000 in
                     A.S.No.3 of 2000 on the file of the Sub Judge, Thanjore reversing the
                     Judgment and Decree dated 19.08.1998 in O.S.No.140 of 1997 on the
                     file of the District Munsif Court, Thiruvaiyaru.

                                  For Appellants        :      No appearance

                                  For Respondents       :      No appearance




                     Page 1 of 4
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                                                                                      SA.No.1836 of 2001



                                                         JUDGMENT

When the matter was taken up for hearing on 01.06.2023, the

learned counsel appearing for the appellants has filed a Memo dated

01.06.2023 reporting no instructions and stating that the letter sent to the

first appellant returned as 'deceased'. The Registry was directed to print

the name of the second appellant in the cause list.

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

of the second appellant is printed in the cause list, there is no

representation on his side. Further, no steps have been taken to bring on

record the legal representatives of the deceased first appellant.

Therefore, the Second Appeal is dismissed as abated as against the first

appellant and dismissed for non-prosecution as against the second

appellant. No costs.

08.06.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order

mbi

https://www.mhc.tn.gov.in/judis SA.No.1836 of 2001

To

1.The Sub Court, Thanjore.

2.The District Munsif Court, Thiruvaiyaru.

https://www.mhc.tn.gov.in/judis SA.No.1836 of 2001

P.VELMURUGAN, J.

mbi

SA.No.1836 of 2001

08.06.2023

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