A.Solai Alias Solaiappa Nadar vs Malai Ammal
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Madras High Court

A.Solai Alias Solaiappa Nadar vs Malai Ammal on 1 March, 2024

                                                               1/4                       s.A.No.1140/2006

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED :: 01-03-2024

                                                              CORAM

                                   THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

                                             SECOND APPEAL No.1140 of 2006

            A.Solai alias Solaiappa Nadar               ...               Appellant

                                                        -vs-

            1.Malai Ammal
            2.C.Veeramani
            3.C.Arumugasamy
            4.C.Rajamanickam

            5.Tamilnadu Slum Clearance Board,
              5, Kamarajar Salai, Chepauk,
              Chennai – 600 005.              ...                         Respondents

                                  Appeal against the judgment and decree, dated 21.11.2005, passed in
            A.S.No.410 of 2004 on the file of Additional District Judge (Fast Track Court V) ,
            Chennai, confirming the judgment and decree, dated 10.10.2002, passed in
            O.S.No.1526 of 1984, on the file of I Assistant Judge, City Civil Court, Chennai.



                                       For Appellant : Mrs.Jayashree Narasimhan

                                       Respondent 1 : Died
                                       For Respondent 2 : Mr.P.Dhanasekaran
                                       For Respondents 3 & 4 : Mr.N.Selvarajan
                                       For Respondent 5 : No appearance


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                                                               2/4                            s.A.No.1140/2006


                                                       JUDGMENT

This Second Appeal was listed before this Court on 12.01.2024 under the

caption ''Default Cases'' and this Court also passed orders, granting four weeks' time to

rectify the defects, failing with the Second Appeal stood closed.

2. The learned counsel for the appellant mentioned the matter before this

Court and submitted that the matter was posted in the default cases only due to not

taking of steps against first respondent; that since first respondent has already died, no

steps are necessary; and that respondents 2 to 4, who are on record, are the legal heirs of

first respondent. The learned counsel also submitted that even though the sole appellant

in the appeal died as early as on 04.10.2009, she has filed a petition to substitute the

legal heirs and, therefore, the matter was adjourned to 21.02.2024.

3. When the matter was listed for hearing on 21.02.2024, no steps were

taken. It was recorded that since the counsel for the appellant submitted that they have

already taken steps regarding the sole appellant and also they would file a Memo in

respect of the death of first respondent as they contended that respondents 2 to 4 are

legal heirs, this Court, to provide one final opportunity, adjourned the matter to

01.03.2024 i.e., today.

4. Even today, when the matter is listed for hearing, no such Memo has

been filed and the appellant has not taken any steps to substitute the legal heirs of the

deceased sole appellant. From this, it is evident that the appellant is not interested in

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prosecuting the appeal. In such circumstances, no purpose is served in keeping the

appeal pending.

5. Therefore, this Second Appeal is dismissed, as abated. No costs.

01-03-2024 dixit

To

1.Additional District Judge (Fast Track Court V), Chennai,

2.I Assistant Judge, City Civil Court, Chennai.

3.V.R.Section, High Court, Madras.

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

G.ARUL MURUGAN, J.

dixit

01-03-2024

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