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Madras High CourtSA/1595/2001dismissed

Jm.Ramasamy,S/O Muthu Gounder v. K.M.Ramasami,S/O Muthu Gounder

2020-01-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN SA.No.1595 of 2001 and CMP.No.16834 of 2001 J.M.Ramasamy ..Appellant/1st Defendant Vs.

1.K.M.Ramasami 2.K.Komaru Gounder 3.K.Mathaiya Udayar 4.N.Kuppusamy ... Respondents 1 to 4/Plaintiffs 5.P.Nalliappan ... Respondents 5 & 6/Defendants 2 & 3 6.P.Sundaram 7.K.Perumal 8.Erotti @ Kandasamy Nadar 9.N.Elayappa Gounder 10.K.Ganesan 11.P.Sundaram 12.R.Karuppanna Gounder 13.M.Kandasamy 14.K.Ganapathi 15.Rathinam 16.Ramalingam .. Respondents/Respondents PRAYER:

The Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 02.08.2000 in A.S.No.25 of 1997 on the file of the III Additional District Court, Salem reversing the judgment and decree dated 31.10.1996 in O.S.No.187 of 1994 on the file of the Subordinate Judge, Namakkal. For Appellant : M/s.P.Mahalakshmi For Respondents For R2 to 4 : Mr.V.Srinivasan : R1 - disd by court order dated 02.01.2020 : R9 - died R5to8,10,13to 16 - notice served : R11 & 12 - not ready in notice https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

The second appeal is directed as against the judgment and decree dated 02.08.2000 in A.S.No.25 of 1997 on the file of the III Additional District Court, Salem reversing the judgment and decree dated 31.10.1996 in O.S.No.187 of 1994 on the file of the Subordinate Judge, Namakkal.

2. The learned counsel for the appellant submitted that except the first respondent, other respondents were already given up. Therefore, nothing survives in this second appeal to proceed further, since the second appeal was already dismissed as abated as against the first respondent.

3.Accordingly, the second appeal is dismissed. However liberty is given to the appellant to file the petition to set aside the abatement by filing an application to bring the legal heirs of the deceased first respondent. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar Lok To 1.The III Additional District Court, Salem 2.The Subordinate Judge, Namakkal.

SA.No.1595 of 2001 SJ(CO) GN(26/02/2020) https://hcservices.ecourts.gov.in/hcservices/