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Madras High CourtSA/1112/2009dismissed as abated

Rajamani @ Thailammal v. Subathra

2021-03-02Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2021

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.1112 of 2009 and M.P.No.1 of 2009 Rajamani @ Thailammal, W/o, Rethinasamy Chettiar, 44, French Teacher Street, Karaikal Town.

... Appellant Vs.

1. Subathra, W/o, Ashok, Thiruvallur Road, Karaikal Town.

2. Ashok, S/o, Ramadass, Thirunallar Road, Karaikal.

... Respondents Prayer:

Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 22.08.2005 made in A.S.No.44 of 2004 on the file of the Court of the Additional District Judge, Pondicherry at Karaikal confirming the judgment and decree dated 30.07.2004 made in O.S.No.92 of 2002 on the file of the Court of the Principal District Munsif, Karaikal.

For Appellant : Mr.R.Vasudevan For Respondents : Ms.G.Sumithra *****

J U D G M E N T

Both counsel present.

2. It is seen that the sole appellant had died long back and despite the same, no steps have been taken to bring the LRs on record to prosecute the appeal further. In such view of the matter, there is no purpose in keeping this appeal further pending. Further, the counsel for the appellant represents that https://hcservices.ecourts.gov.in/hcservices/

since no steps had been taken for the deceased appellant, the appeal may be dismissed as abated and also made an endorsement to that effect.

3. In the light of the abovesaid factors, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition, if any, is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mfa To

1. The Additional District Judge, Additional District Court, Pondicherry at Karaikal.

2. The Principal District Munsif, Principal District Munsif Court, Karaikal.

Copy to The Section Officer, VR Section, High Court, Chennai.

+1cc to Ms.G.Sumitra, Advocate, S.R.No.13047. S.A.No.1112 of 2009 and M.P.No.1 of 2009 VSN II(CO) CSR 18.03.2021 https://hcservices.ecourts.gov.in/hcservices/