Kattayan v. Karuppaiah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.A.No.1197 of 2009 and M.P.No.1 of 2012 and C.M.P.No.21249 of 2017 Kattayan ... Appellant / Defendant Vs.

1.Karuppaiah 2.Saroja ... Respondents / Plaintiffs Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 28.01.2009 in A.S.No.98 of 2008 on the file of the Sub Court, Perambalur, confirming the judgment and decree dated 06.04.2004 in O.S.No.359 of 1996 on the file of the District Munsif, Perambalur.

For Appellant : Mr.P.Jagadeesan For Respondents : Mr.R.Nalliyappan

JUDGMENT

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This Second Appeal has been filed to set aside the judgment and decree dated 28.01.2009 in A.S.No.98 of 2008 on the file of the Sub Court, Perambalur, confirming the judgment and decree dated 06.04.2004 in O.S.No.359 of 1996 on the file of the District Munsif, Perambalur.

2. It had been informed to the Court on 13.08.2024 that the sole appellant died. But, till date, steps have not been taken. By any mathematical calculation, the Appeal stands abated. The defendant is the appellant herein. He had suffered a decree in the Trial Court and suffered a dismissal in the First Appeal. There is no indication that the Appeal has been admitted. Hence, this Second Appeal stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Speaking order / Non-speaking order 27.06.2025 Index : Yes / No : Yes / No gsk 2/4

To 1.The Sub Court, Perambalur.

2.The District Munsif Court, Perambalur.

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C.V.KARTHIKEYAN , J.

gsk S.A.No.1197 of 2009 and M.P.No.1 of 2012 and C.M.P.No.21249 of 2017 27.06.2025 4/4