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Madras High CourtSA/48/1999dismissed as abated

James v. G.Sundar Raj

2019-12-19Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2019

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN SA.Nos.48 & 49 of 1999 SA.No.48 of 1999 1.James 2.Selvamani ..Defendants/Apepllants/Appellants Vs.

G.Sundarraj ..Plaintiff/Respondent/Respondent PRAYER:The Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 30.06.1997 made in AS.No.122 of 1995, on the file of Principal District Judge (2nd Additional District Judge, in-charge), Erode confirming the judgment and decree dated 31.01.1995 made in OS.No.1547 of 1992 passed by the Principal District Munsiff, Erode.

For Appellants : Mr.V.Nicholas For Respondent : Mr.A.K.Sridharan SA.No.49 of 1999 1.James 2.Selvamani ..Plaintiff/Appellants/Appellants Vs.

1.Arokiasamy 2.Yesubalan 3.George Ponnaiyan 4.Suseela 5.Sampath Anantha Sekaran ..Defendants/Respondents/Respondents PRAYER:The Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 30.06.1997 made in AS.No.150 of 1995, on the file of Principal District Judge (2nd Additional District Judge, in-charge), Erode confirming the judgment and decree dated 23.08.1995 made in OS.No.38 of 1995 passed by the District Munsiff cum Judicial Magistrate, Perundurai.

For Appellants : Mr.V.Nicholas For Respondents For R1 and R2 : Mr.A.K.Sridharan : R4 & R5 - Notice served : R3 - died COMMON JUDGMENT These second appeals are filed against the judgment and decree dated 30.06.1997 made in AS.No.122 of 1995, on the file of Principal District Judge (2nd Additional District Judge, incharge), Erode confirming the judgment and decree dated 31.01.1995 made in OS.No.1547 of 1992 passed by the Principal District Munsiff, Erode and judgment and decree dated 30.06.1997 made in AS.No.150 of 1995, on the file of Principal District Judge (2nd Additional District Judge, in-charge), Erode confirming the judgment and decree dated 23.08.1995 made in OS.No.38 of 1995 passed by the District Munsiff cum Judicial Magistrate, Perundurai.

2. The learned counsel appearing for the appellants submitted that both of the appellants died long back.

3. Though this Court granted sufficient time to take steps to implead the legal heirs of the appellants, the learned counsel for the appellants failed to take any step to implead the legal heirs of the appellants.

4.Therefore, these second appeals are dismissed as abated. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar lok To 1.The learned Principal District Judge, (2nd Additional District Judge, in-charge), Erode

2.The learned District Munsiff cum Judicial Magistrate, Perundurai.

3.The learned Principal District Munsiff, Erode.

4.The Section officer VR Section High Court, Madras 104.

+2 CCS to Mr.V.Nicholas, Advocate sr 105735, 105734. SA.Nos.48 & 49 of 1999 PVS(CO) SP(14/02/2020)