Madras High CourtSA/897/2008dismissed as abated

R. Ganesan v. Sambandam

2020-03-09Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.A.Nos.897 & 898 of 2008 R.Ganesan ...Appellant/1st Defendant in both Second Appeals Vs

1. Sambandam

2. Sivanantham ...Respondents/Plaintiff& 2nd Defendant in both Second Appeals COMMON PRAYER: Second Appeals are filed under Section 100 of CPC praying to prefer this Memorandum of Grounds of Second Appeal in this Hon'ble Court against the Judgement and Decree dated 11.09.2007 made in A.S.Nos.17 & 18 of 2007 on the file of the Court of the Principal Sub-Ordinate Judge, Mayiladuthurai in reversing the judgement and decree dated 19.09.2006 made in O.S.Nos.2 & 181 of 2003 on the file of the Court of the District Munsif Sirkali.

For Appellant : Mr.A.Muthukumar (in both second appeals) For Respondents : Mr.N.Sankaravadivel (in both second appeals)

JUDGMENT

The learned counsel for the appellant as made an endorsement which is extracted hereinbelow:

" Since the counsel for the appellant has not received instructions to file L.R.Petition for deceased R2, steps could not be taken at once both SAs may be closed as abated. Liberty may be given to rehear it later"

https://hcservices.ecourts.gov.in/hcservices/

2. In view of above endorsement made by the learned counsel for the appellant, the Second Appeals are dismissed as abated. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mrn To,

1. The Principal Sub-Ordinate Judge, Mayiladuthurai

2. The District Munsif, Sirkali.

3. The Section Officer, V.R.Section, High Court, Madras.

+1cc to Mr.A.Muthukumar, Advocate, S.R.No.20972 S.A.Nos.897 & 898 of 2008 LN(CO) KKV/09/07/2020 https://hcservices.ecourts.gov.in/hcservices/