S.Anantharasu vs Amirthalingam
2024 Latest Caselaw 20139 Mad

Madras High Court

S.Anantharasu vs Amirthalingam on 24 October, 2024

                                                                                S.A.No.853 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 24.10.2024

                                                   CORAM

                              THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

                                               S.A.No.853 of 2013
                                                      and
                                                M.P.No.1 of 2013

                   S.Anantharasu                              ...Appellant / Appellant /
                                                                    Plaintiff
                                                      -Vs-

                   1.Amirthalingam
                   2.S.Venkatachalam
                   3.Savithiri                                ...Respondents 1 to 3 /
                                                                 Respondents 1 to 3 /
                                                                 Defendants 1 to 3

                   K.Vedachalam (Died)

                   4.V.Veerapandian
                   5.V.Kumar
                   6.G.Rajendran
                   7.K.Thayumanavan                           ...Respondents 4 to 7 /
                                                                 Respondents 4 to 7 /
                                                                 Defendants 5 to 8

                   Prayer:- Second Appeal preferred under 100 of CPC against the judgment
                   and decree dated 08.11.2011 of the learned District Judge, Nagapattinam in
                   A.S.No.13 of 2011 confirming the judgment and decree dated 28.02.2003 of
                   the learned Principal Sub Judge, Nagapattinam in O.S.No.258 of 2000.


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                                                                                            S.A.No.853 of 2013

                                    For Appellant                 : M/s.G.Devi
                                    For R1                        : No appearance
                                    For R2 to R6                  : AOS not filed
                                    R7                            : Dismissed vide Court order
                                                                    dated 21.12.2022

                                                       JUDGMENT

This Court, by order dated 21.12.2022, passed the following order:

“The above matter is listed today under the caption 'Default Cases', for noncompliance of the requirements of the Registry, including the payment of batta.

2. The concerned counsels are directed to pay the batta and to comply with the other requirements of the Registry, on or before 11.01.2023 as a last chance, and to file proof of compliance, immediately, thereafter.

3. On non-compliance of the requirements of the Registry, on or before the specified date, as directed by this Court, the Second Appeal shall stand dismissed, automatically, in so far as the 7th respondent is concerned, without further reference to this Court.”

2. When the case was taken up for hearing on 05.04.2024, it was

submitted by the learned counsel for the appellant that the 7th respondent

died and requested time for taking steps.

3. In spite of the order passed by this Court on 21.12.2022, and on

05.04.2024, 14.08.2024 and 24.09.2024, the learned counsel for the

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appellant sought time for taking steps to bring the legal representatives of

the deceased 7th respondent on record.

4. Today, 24.10.2024, when the case was taken up for hearing, the

learned counsel for the appellant submitted that he seeks time for taking

steps.

5. Since non-compliance of the order passed by this Court on

21.12.2022, this second appeal stands dismissed for non-prosecution. No

costs. Consequently, connected miscellaneous petition is closed.

24.10.2024 cda Index : Yes/No Speaking/Non Speaking order

N.SENTHILKUMAR, J.

cda To

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1. The District Judge, Nagapattinam.

2. The Principal Sub Judge, Nagapattinam.

3.The Section Officer, VR Records, High Court, Chennai.

24.10.2024

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