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Madras High CourtSA/100/1997dismissed as abated

Vangala Gounder v. Kali Gounder

2018-03-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.100 of 1997 Vangala Gounder ... Appellant/Plaintiff Vs.

1.Kali Gounder 2.Angamuthu 3.Muthu Gounder 4.Selvapandiyan 5.Varadappan 6.Raju 7.Ramasamy 8.Palaniappan 9.Subramaniam 10.State of TamilNadu rep. by the District Collector Salem District, Salem ...Respondents/Defandants PRAYER: The Second Appeal has been filed under Section 100 of C.P.C. against the Judgment and Decree in A.S.No.232/93 on the file of First Additional District Judge, Salem dated 26.08.1994 confirming the judgment and decree in O.S.No.355 of 1988 on the file of District Munsif, Attur, Salem District, dated 16.09.1993.

For Appellant : Mr.C.Vediappan for Mr.S.Mani For Respondents : R1 to R8 & 10 - No Appearance Not ready on notice - Reg. R9

J U D G M E N T

The learned counsel for the appellant would submit that the sole appellant and the third respondent died and the same was informed to the Legal Representatives of the Appellant for filing appropriate petition to bring themselves and the Legal Representatives of the deceased third respondent on record. He has also made an endorsement to that effect in the bundle. https://hcservices.ecourts.gov.in/hcservices/

However, the Legal Representatives of the deceased appellant neither come forward to represent their estate nor has taken steps to bring on record the Legal Representatives of the deceased third respondent in the appeal.

2.In view of the above, the second appeal is dismissed as abated. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kas To.

1.I Additional District Court Salem

2. District Munsif Court Attur Salem District 3.The Section Officer (2 Copies) V.R.Section High Court of Madras Chennai 600 104 S.A.No.100 of 1997 KK(CO) RRK(06/04/2018) https://hcservices.ecourts.gov.in/hcservices/