R.Venkatappan v. P.Subramanian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.1152 of 2007 and M.P. No.1of 2007 R. Venkatappan ...

Appellant Vs P. Subramaniam ...

Respondent Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and decree passed in A.S. No.37 of 2006, dated 11.07.2006 on the file of II Additional Sub-ordinate Judge, Coimbatore in reversing the judgment and decree passed in O.S. No.251 of 2001, dated 15.11.2005 on the file of II Additional District Munsif Court, Coimbatore. For appellant : Mr.A. Muthukumar For respondent : Mr.L. Mouli

JUDGMENT

By an earlier order dated 16.09.2019, this Court directed the learned counsel for the appellant to take steps to bring on record the Legal Representatives for the deceased appellant on or before the next hearing date, failing which, this Court has observed that the appeal shall stand automatically dismissed for non prosecution.

2. Today, the learned counsel for the respondent has filed a memo reiterating his submission made on 16.09.2019 that the appellant is dead. Till date, no steps have been taken by the learned counsel for the appellant to bring on record the Legal Representatives for the deceased appellant.

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3. Recording the said memo as well as the submission made by the learned counsel for the respondent and also taking into consideration the order passed by this Court on 16.09.2019, the Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar vsi2 To 1.The II Additional Subordinate Judge Coimbatore 2.The II Additional District Munsif Coimbatore 3.The Section officer VR Section High Court, Madras 104.

+1 CC to Mr.L. Mouli, Advocate sr 83575 S.A. No.1152 of 2007 LN(CO) SP(04/11/2019) https://hcservices.ecourts.gov.in/hcservices/