R. Rathinaswamy v. K Arumugham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.No.613 of 2006 and MP.No.7469 of 2006 R.Rathinaswamy ..Appellant/1st Respondent Vs.

1. K.Arumugam

2. A.Malarvizhi

3. A.Nanjappan (Deceased)

4. N.Rajalakshmi

5. G.N.Ramraj R4 and R5 are brought on record as Lrs of the deceased R3 vide order dated 25.07.2014 made in CMP.Nos.333 to 335 of 2013.

..Respondents Prayer: The Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 29.04.2005 in AS.No.174 of 2004 on the file of the Principal District Judge, Coimbatore reversing the judgment and decree dated 27.09.2004 in OS.No.105 of 1992 on the file of the III Additional Sub Judge, Coimbatore.

For Appellant : Mr.R.Bharathkumar For Respondents : Mr.Mukunth for M/s.Sarvabhauman Associates for R1 and R2.

R4 - No appearance.

R5 - Not claimed.

R3 - Died Step taken

J U D G M E N T

(This case has been heard through video conference) This Court by its earlier order dated 14.07.2021 made it clear that if steps are not taken to bring on record the legal representatives of the deceased sole appellant before the next https://hcservices.ecourts.gov.in/hcservices/

hearing date, the second appeal shall stand automatically dismissed.

2. Since, no steps have been taken to bring on record the legal representatives of the deceased sole appellant and in accordance with the order dated 14.07.2021, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar tsh To

1. The Principal District Judge, Coimbatore.

2. The III Additional Sub Judge, Coimbatore.

Copy To :

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

+1cc to M/s.sarvabhauman Associates, Advocate, S.R.No.39883 S.A.No.613 of 2006 VG-II(CO) RGA(31/08/2021) https://hcservices.ecourts.gov.in/hcservices/