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Madras High CourtSA/908/2008dismissed as abated

Rajasekharan v. Nachimuthu

2019-11-14Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.NO.908 OF 2008 AND M.P.NO.1 OF 2008 1.Rajasekharan 2.Arunachalam 3.Senthil 4.Vadivel ... Appellants/Defendants Vs Nachimuthu ... Respondent/Plaintiff PRAYER:

Second Appeal filed under Section 100 C.P.C. against the judgment and decree dated 30.06.2003 made in A.S.No.55 of 2003 on the file of the Additional Judge-Fast Track Court No.IV, Erode at Bhavani reversing the Judgment and decree dated 13.12.2001 in O.S.No.517 of 1999 on the file of I Addtional District Munsif Court, Bhavani.

For Appellants : Mr.Ayyadurai For Respondent : No appearance

JUDGMENT

This Court by its earlier order dated 30.09.2019 has recorded the submission of the learned counsel for the Appellants that the sole respondent was dead. Further direction was given by this Court that if the steps have not been taken to bring on record the LRs for the deceased sole respondent before the next hearing date, i.e., today, the second appeal shall stand automatically dismissed as abated as against the sole respondent.

2.

Till date, steps have not been taken to bring on record the LRs of the deceased sole respondent as directed by this Court on 30.09.2019. In such circumstances, the second appeal https://hcservices.ecourts.gov.in/hcservices/

stands dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nl To

1. The Additional Judge-Fast Track Court No.IV, Erode at Bhavani

2. The District Munsif, I Addtional District Munsif Court, Bhavani.

+1cc to Mr.Ayyadurai, Advocate, S.R.No.94738 S.A.No.908 of 2008 VGI(CO) CS/12/12/2019 https://hcservices.ecourts.gov.in/hcservices/