When the matter was taken up for hearing, learned counsel appearing for respondents 1 and 2 submitted that the learned counsel for the appellant has served a copy of the memo dated 30.09.2015. The said memo reads as under: The counsel for the Appellant submit as follows:-
Letters were sent to the appellant on 12.08.2015, 24.08.2015 and 04.09.2015. The letters dated 24.08.2015 and 04.09.2015 were sent by RPAD. The letter sent on 04.09.2015 was returned with an endorsement that the addressee expired. The copy of the letter dated 04.09.2015 and the returned cover are filed herewith. Since the sole appellant died and his L.Rs. did not chose to contact the counsel, the counsel could not prosecute the case further. It is therefore prayed that this Hon'ble Court may be pleased to dismiss the above Second Appeal for non prosecution and thus render justice."
2.The said memo has not been disputed by the learned counsel for the appellant. In such view of the matter, the second appeal is dismissed for non-prosecution. No costs.
13.02.2017 Index:Yes/No mmi To
1.The Principal Subordinate Judge, Thiruvannamalai.
2.The Principal District Munsif, Thiruvannamalai.
M.M.SUNDRESH, J.
mmi S.A.No.1382 of 2000 13.02.2017 http://www.judis.nic.in