G.Chockalingam (Died) vs G.Pasupathi
2023 Latest Caselaw 13933 Mad

                                                                                   S.A.No.897 of 2005

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED :    16.10.2023

                                                         CORAM

                                   THE HON'BLE MR. JUSTICE C.KUMARAPPAN

                                                 S.A.No..897 of 2005

                     G.Chockalingam (Died)
                     2. C.Loganathan
                     3. C.Prem Kumar                                    ... Appellants

                     (Sole appellant died, appellants 2 and 3
                     are brought on record as Lrs of deceased
                     sole appellant viz., G.Chockalingam vide
                     order of Court dated 01.11.2022 made
                     in C.M.P.Nos.9601, 9607 and 9611 of 2022
                      in S.A.No.897 of 2005)
                                                   Vs.
                     1.G.Pasupathi
                     2.G.Kalyana Sundaram
                     3.R.Alagesan
                     4.R.Selvam                                         ... Respondents

                           Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the judgment and decree passed in A.S.No.56 of 2003 on
                     16.07.2004 on the file of the Additional Subordinate Judge, Chengalpattu
                     confirming judgment and decree in O.S.No.187 of 2002 dated 24.01.2003
                     on the file of the District Munsif's Court, Chengalpattu.

                                         For Appellants : No appearance
                                         For Respondents : Ms.T.Jayalakshmi Paul
                                                           and Mr.Vignesh
                                                           for M/s.Paul and Paul (Law Firm)

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                          S.A.No.897 of 2005



                                                           JUDGMENT

Today, this matter is listed under the caption “For Dismissal”.

2. This appeal is of the year 2005. Even in the previous date of

hearing on 04.10.2023, there was no representation on behalf of the

appellants. It is pertinent to mention here that on the death of the

appellant's counsel Mr.M.N.S.Mohamed Habeeb Raja, a death memo was

served on appellants 2 and 3. However, appellants did not take any steps to

proceed with the appeal. Even today, despite the name being printed in the

cause list, no one appeared on behalf of the appellants in spite of the matter

is listed under the caption “For Dismissal”. Hence, no fruitful purpose

would be served keeping this appeal on file. Hence, this appeal is dismissed

for default. There shall be no order as to costs.

16.10.2023

Index: Yes/No Neutral Citation: Yes/No Speaking order/Non-speaking order gpa To

1. The Additional Subordinate Judge

https://www.mhc.tn.gov.in/judis S.A.No.897 of 2005

Chengalpattu

2. The District Munsif's Court Chengalpattu

https://www.mhc.tn.gov.in/judis S.A.No.897 of 2005

C.KUMARAPPAN.J.,

gpa

S.A.No.897 of 2005

16.10.2023

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