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[Cites 1, Cited by 1]

Madras High Court

Raja Gopal Konar vs Gopal Konar on 16 July, 2021

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                   S.A.No.564 of 2003


                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 16.07.2021

                                                       CORAM:

                            THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                   S.A.No.564 of 2003
                                                          and
                                                  C.M.P.No.60 of 2010
                      Raja Gopal Konar                      ...               Appellant
                                                          Vs.
                      1.Gopal Konar
                      2.Murugan
                      3.Arumugam
                      4.Lakshmi Ammal
                      5.Kamaraj
                      6.Ravi
                      7.Sasikumar
                      8. Parvathy
                      9.Jaya                               ...                Respondents

                      Prayer: The second appeal has been filed under Section 100 of C.P.C
                      against the judgment and decree dated 07.03.2003 passed in A.S.No.44 of
                      2001 on the file of the Principal District Judge, Tiruvannamalai, reversing
                      the judgment and decree dated 07.03.2001 passed in O.S.No.1027 of 1996
                      on the file of the Principal District Munsif, Tiruvannamalai.

                                  For Appellant            :Ms.P.Veena Suresh

                                  For Respondent           : Ms.Abbirammi
                                  Nos.R1 to R5 and           for M/s.Sarvabhauman Associates
                                  R7 to R9.

                                  Respondent No.6       : Died and Steps taken



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http://www.judis.nic.in
                                                                                        S.A.No.564 of 2003




                                                        JUDGMENT

This Court, by its earlier order dated 18.06.2021 has made it clear that if steps are not taken to bring on record the legal representatives of the deceased appellant before the next hearing date, the Second Appeal shall stand automatically dismissed for non-prosecution.

The learned counsel for the appellant seeks further time to get instruction in this matter. Since the Second Appeal is of the year 2003, no further indulgence can be shown to the appellant. In accordance with the order dated 18.06.2021 passed by this court, the Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

16.07.2021 Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders sms/gv To

1.The Principal District Judge, Tiruvannamalai,

2. The Principal District Munsif, Tiruvannamalai.

2/3

http://www.judis.nic.in S.A.No.564 of 2003 ABDUL QUDDHOSE, J.

sms/gv S.A.No.564 of 2003 and C.M.P.No.60 of 2010 16.07.2021 3/3 http://www.judis.nic.in