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Madras High CourtSA/508/2008dismissed as abated

Ramaian v. Neelambal

2025-04-09Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2025 CORAM :

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP S.A. No.508 of 2008 and M.P.No.1 of 2008

1. Ramaian

2. Lakshmanan

3. Thangammal

4. Minor Prakash S/o. Selvanathan Rep. By Natural Guardian and mother and third Appellant Thangammal.

... Appellants Vs.

1. Neelambal

2. Sridharan Respondents 1 and 2 Rep.

By Power Agent Narayanasamy.

3. Natarajan

...Respondents

PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure against the Judgment and Decree dated 20.02.2004 made in A.S.No.46 of 2001 on the file of the Sub Court, Thiruvarur confirming the Judgment and Decree dated 20.03.2001 made in O.S.No.66 of 2000 on the file of the District Munsif Court, Nannilam.

For Appellants : Mr.B.Jawahar For Respondent : Disd vide Court Order dated 15.12.2022 for R-1 & R-2 Died - R-3

JUDGMENT

This Second Appeal has been filed to set aside the Judgment and Decree dated 20.02.2004 made in A.S.No.46 of 2001 on the file of the Sub Court, Thiruvarur confirming the Judgment and Decree dated 20.03.2001 made in O.S.No.66 of 2000 on the file of the District Munsif Court, Nannilam.

2. The learned Counsel for the Appellants submits that the Appeal was already dismissed as per Order dated 15.12.2022 as against Respondents 1 &

2. Now, third Respondent also died. Therefore, the learned Counsel for the Appellants seeks to pass Orders to dismiss the Appeal as abated.

In the light of the above submission made by the learned Counsel for the Appellants, this Second Appeal is dismissed as abated. Consequently, connected Miscellaneous Petition is closed. No costs. 09.04.2025 Index:Yes/No Internet: Yes/No Speaking order/Non-speaking order dh To

1. The Sub Court, Thiruvarur.

2. The District Munsif Court, Nannilam.

SATHI KUMAR SUKUMARA KURUP.J., dh S.A. No.508 of 2008 09.04.2025