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Madras High CourtSA/1498/2008dismissed as abated

G.Nachammal v. P.M.Ramalingam

2021-07-13Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2021

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA S.A.No.1498 of 2008 and M.P.No.1 of 2008 G.Nachammal ... Appellant /3rd Defendant Vs 1.P.M.Ramalingam ... R1/Plaintiff 2.Gurusamy Gounder 3.Pukkaiyan ... Respondent 2 & 3/Defendants 1 & 2 PRAYER : Second Appeal is filed under Section 100 of code of Civil Procedure against the judgment and decree dated 20.06.2008 passed in A.S.No.19 of 2008 on the file of I Additional District Court, Erode District confirming the Judgment and Decree dated 28.02.2007 passed in O.S.No.263 of 2004 on the file of District Munsif-cum-Judicial Magistrate Court, Kodumudi, Erode District are liable to be set aside. For Appellant : No Appearance For Respondents: Mr.Kandhan Duraisami [R1] R2 & R3 died vide recorded Order dated 04.03.2020.

J U D G M E N T

No appearance on behalf of the appellant.

2. As early as on 04.03.2020, it was represented before this Court that the appellant and the respondents 2 and 3 are no more, till date, no steps have been taken to implead the legal representatives of the appellant as well as the respondents 2 and 3.

3. Considering the above fact the Second Appeal therefore stands abated as against the appellant and the respondents 2 and 3. No order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar ssn https://hcservices.ecourts.gov.in/hcservices/

To

1. The I Additional District Court, Erode, Erode District.

2. The District Munsif-cum-Judicial Magistrate Court, Kodumudi, Erode District.

Copy To The Section Officer, V.R. Section, High Court, Madras.(2 copies) +1cc to Mr.Muthumani Doraisami, Advocate, S.R.No. 32963 S.A.No.1498 of 2008 and M.P.No.1 of 2008 SVI(CO) GN(16/08/2021) https://hcservices.ecourts.gov.in/hcservices/