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Madras High CourtSA/1757/2003dismissed for nonprosecution

Varadayee Ammal v. Selvarasu @ Senrayan

2022-06-27Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.06.2022 Coram The Hon'ble Mr. Justice C.V.KARTHIKEYAN S.A.No.1757 of 2003 Varadayee Ammal ...Appellant / Appellant / Plaintiff Vs 1.Selvarasu @ Senrayan 2.Dayalan 3.Mani

...Respondents/Respondents/Defendants

The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S.No.38 of 2001 dated 18.12.2001 on the file of the Principal Sub Court, Viruthachalam confirming the judgment and decree made in O.S.No.1347 of 1989 dated 12.04.2001 on the file of the Principal District Munsif Court, Viruthachalam. For Appellant : Mr.V.Balaji For Respondents : No Appearance

JUDGMENT

The learned Counsel appearing for the appellant states that he had communicated with the appellant but the letter had returned with an endorsement that the appellant had expired.

2.The plaintiff in O.S.No.1347 of 1989 on the file of the Principal District Munsif Court, Viruthachalam, who had suffered an order of dismissal in the suit and also an adverse order in A.S.No.38 of 2001 before the Principal Sub Court, Viruthachalam, is the appellant herein. 3.In view of the fact that the appellant has unfortunately died but steps have not been taken, the Second Appeal stands dismissed for nonprosecution / abatement. No order as to costs. 27.06.2022 Index:Yes/No Internet:Yes/No smv

To 1.The Principal District Munsif Court, Viruthachalam. 2.The Principal Sub Court, Viruthachalam.

3.The Section Officer, VR Section, Madras High Court.

C.V.KARTHIKEYAN,J.

Smv S.A.No.1757 of 2003 27.06.2022