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Madras High CourtSA/792/2001dismissed as abated

Kullu @ Arumuga Padayachi v. Ramasamy Padayachi

2018-09-24Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2018

CORAM:

THE HON'BLE MRS.JUSTICE R. HEMALATHA S.A.No.792 of 2001 and CMP.No.8124 of 2001

1. Kullu @ Arumuga Padayachi

2. Kariyan @ Chinnathambi .. Appellants(Plaintiffs) /Vs/

1. Ramasamy Padayachi

2. Angayammal ... Respondents(Defendants) PRAYER : Second Appeal filed under Section 100 of C.P.C., against the decree and judgment passed in A.S.No.88 of 1998 dated 05.03.1999 on the file of the II Additional District Court, Salem upholding the decree and judgment passed in O.S.No.492 of 1990 dated 22.09.1998 on the file of the II Additional District Munsif, Salem.

For Appellants : Mr.C.H.Pandian for Mr.S.S.Annadorai

JUDGMENT

Inspite of repeated adjournments, no steps were taken to implead the legal heirs of the deceased first respondent. The learned counsel appearing for the appellant also contended that the first appellant died and he could not get instructions from his legal heirs.

2. Hence, the second appeal is dismissed as abated. No costs. Consequently, connected the Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar vkr/dna https://hcservices.ecourts.gov.in/hcservices/

To

1. The II Additional District Judge, Salem.

2. The II Additional District Munsif, Salem.

Copy TO The Section Officer, V.R. Section, High Court, Madras-104.

S.A.No.792 of 2001 and CMP.No.8124 of 2001 SV(CO) GN(22/10/2018) https://hcservices.ecourts.gov.in/hcservices/