Kumarasamy vs S.S.A.Pechimuthu Pillai
2023 Latest Caselaw 14093 Mad

                                                                                 S.A.No.1379 of 2001


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED :      30.10.2023

                                                    CORAM

                                  THE HONOURABLE MRS.JUSTICE R. KALAIMATHI

                                               S.A.No.1379 2001
                                                      and
                                             C.M.P.No.20386 of 2001


                     Kumarasamy                            ... Plaintiff/Appellant/Appellant


                                                    -Vs-

                     1.S.S.A.Pechimuthu Pillai
                     2.Lingama Naicker(Died)
                     (Memo in USR 2479 is recorded
                     as R2 died, A1 and R3 who were
                     already on record and recorded as
                     LRs of deceased R2 vide Court
                     order dated 19.06.2019)
                     3.Ravi Narayanan
                     4.P.K.Jaganatha Perumal
                     5.K.Kandasamy
                     6.N.Ramesh
                     7.Chithu Reddiyan
                     8.A.Chandrasekaran
                     9.V.Bose
                     (R4 to R9 impleaded as Party vide



                     _________
                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                      S.A.No.1379 of 2001


                     as per order dated 27.12.2002 made in
                     C.M.P.No.20386 of 2001)               ... Defendants/Respondents/
                                                                              Respondents


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, against the judgment and decree dated 02.07.2001 made in A.S.No.
                     185 of 2001 on the file of the Sub-Court, Aruppukkottai, in confirming the
                     judgment and decree dated 30.08.2000 made in O.S.No.340 of 1994 on the
                     file of the District Munsif Court, Aruppukkottai.




                                            For Appellant       : No appearance
                                            For R4 to R9        : Mr.Ramesh,
                                                                  for Mr.V.Srimathi



                                                    JUDGMENT

It appears that the first and second respondents reported dead in

the year 2019 itself. So far no steps appear to have been taken by the

appellant's side. When the second appeal came up for hearing on

10.10.2023, as there was no representation for the appellant, the matter was

_________

https://www.mhc.tn.gov.in/judis S.A.No.1379 of 2001

posted on 30.10.2023 under the caption “for dismissal”. When the matter is

taken up for hearing today, there is no representation on behalf of the

appellant. The respondent Nos.4 to 9 are represented through their counsel.

Hence, this Second Appeal is dismissed for non-prosecution. No costs.

Consequently, connected miscellaneous petition is closed.

30.10.2023 NCC:Yes/No Index:Yes/No Internet::Yes/No To

1.The Sub-Court, Aruppukkottai.

2.The District Munsif Court, Aruppukkottai.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

_________

https://www.mhc.tn.gov.in/judis S.A.No.1379 of 2001

R. KALAIMATHI,J.

Ns

S.A.No.1379 2001 and C.M.P.No.20386 of 2001

30.10.2023

_________

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