Sundarrajan Vs. Pushpanathan and Another

Sundarrajan vs Pushpanathan and Another

Type Court Judgment Court Chennai Madurai Decided Nov 24, 2016

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https://sooperkanoon.com/case/1186912

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Citation: sooperkanoon.com/1186912
Court: Chennai Madurai High Court
Judge: S.S. Sundar
Decided On: Nov 24, 2016
Case Number: S.A(MD)No. 125 of 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Sundarrajan

Respondent

Pushpanathan and Another

Excerpt

(prayer: second appeal filed under section 100 of code of civil procedure, against the judgment and decree dated 31.03.2011 in a.s.no.110 of 2010 on the file of the ii additional subordinate judge, tiruchirappalli reversing the judgement and decree dated 27.11.2009 made in o.s.no.262 of 2006 on the file of the district munsif court, musiri.) 1. despite the fact that the death of the first respondent is reported, no steps have been taken to bring the legal heirs on record. even when the matter was listed on 14.11.2016, there was no representation. subsequently, when the matter was posted on 21.11.2016, this court passed an order, giving an opportunity to the appellant to take steps. even today when the matter is called, there is no representation for the appellant. in such circumstances, this court has no other option except to dismiss the appeal for non-prosecution. hence, the second appeal is dismissed for non-prosecution. there is no order as to costs.

Full Judgment

(Prayer: Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree dated 31.03.2011 in A.S.No.110 of 2010 on the file of the II Additional Subordinate Judge, Tiruchirappalli reversing the Judgement and decree dated 27.11.2009 made in O.S.No.262 of 2006 on the file of the District Munsif Court, Musiri.)

1. Despite the fact that the death of the first respondent is reported, no steps have been taken to bring the legal heirs on record. Even when the matter was listed on 14.11.2016, there was no representation. Subsequently, when the matter was posted on 21.11.2016, this Court passed an order, giving an opportunity to the appellant to take steps. Even today when the matter is called, there is no representation for the appellant. In such circumstances, this Court has no other option except to dismiss the appeal for non-prosecution. Hence, the second appeal is dismissed for non-prosecution. There is no order as to costs.

Same Court & Year Chennai Madurai · 2016 Same Parties Sundarrajan vs Pushpanathan and Another Same Subject Education Same Judge S.S. Sundar