Madras High CourtSA/642/2007abated

T.Selvarajan v. S.Thiyagarajan

2019-10-16Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.642 of 2007 and M.P. Nos.1 and 2 of 2007

1. T. Selvarajan

2. T. Natarajan

3. T. Govindan

4. T. Pushparaj

5. Subburayan

6. Santhakumari Ammal ...Appellants /Defendants 2 to 5, 8 & 9 Vs

1. S. Thiyagarajan

2. Sanjeevi

3. Akbar Ali ....Respondents/Plaintiff & Defendants 1 & 6 Second Appeal filed under Section 100 of the Code of Civil Procedure as against the Judgment and decree of the learned Subordinate Judge, Panruti dated 3.2.2007 in A.S. No.20 of 2006 dismissing the appeal confirming the judgment and decree of the District Munsif of Panruti in O.S. No.283 of 1989, dated 27.06.2006.

For appellants : No appearance For respondents : Ms.R. Meenal for R1

JUDGMENT

This Court by its earlier order dated 17.09.2019 after recording the submissions of the learned counsel for the appellants that the first appellant is dead, directed the learned counsel for the appellants to take steps to bring on record the Legal Representatives for the deceased first appellant before the next hearing date. It was also made clear by the said order that if steps are not taken by the learned 1/2 https://hcservices.ecourts.gov.in/hcservices/

counsel for the appellants to bring on record the Legal Representatives for the deceased first appellant before the next hearing date, the Second Appeal shall stand automatically abated.

2. Today, there is no representation on the side of the appellants. The learned counsel for the respondents also submits that till date no steps have been taken by the learned counsel for the appellants to bring on record the Legal Representatives for the deceased first appellant. The learned counsel for the respondents further submits that second appellant, third appellant and 2nd respondent are dead.

3. In view of the submissions made by the learned counsel for the respondent as well as the directions given by this Court earlier on 17.09.2019, the Second Appeal is abated. No costs. Consequently, connected miscellaneous petitions are closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vsi2 To

1. The Subordinate Judge, Panruti.

2. The District Munsif, Panruti.

copy to The Section Officer VR Section High court, Madras +1 cc to Mr.R.Subramanian Advocate sr86670 S.A. No.642 of 2007 aa19/11/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/