Srimoth Nammalvar Sabhai v. M.Damodaran,S/O.Mari Chettiar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2020

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN S.A.No.729 of 2006 1.Srimath Nammalvar Sabhai rep by its Trustees 2.D.Ramachandra Ramanujam ..Appellants Vs.

1.M.Damodaran 2.B.T.R.Pillayar Chettiar 3.P.Mani Chettiar 4.E.Perumal Ramanujam ..Respondents Cause title accepted vide order of the court at 20/06/2006 in CMP 7854/06 PRAYER:

The Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 07.03.2003 in A.S.No.88 of 2002 on the file of the Principal District Judge, Salem confirming the judgement and decree dated 18.07.2002 made in O.S.No.430 of 1998 on the file of the II Additional District Munsif Court, Salem. For Appellants : M/s.R.Meenal For Respondents : Mr.P.Jagadeeshan for R1 to R3 R4 - Died

JUDGMENT

The second appeal is directed as against the judgment and decree dated 07.03.2003 in A.S.No.88 of 2002 on the file of the Principal District Judge, Salem confirming the judgement and decree dated 18.07.2002 made in O.S.No.430 of 1998 on the file of the II Additional District Munsif Court, Salem.

2. The learned counsel appearing for the appellants submitted that the 4th respondent died long back. Even till today, they could not get any particulars of the legal heirs of the deceased respondent. Therefore, the appeal is dismissed as abated as against the 4th respondent. However, the appellants are at liberty to file a necessary application to implead the LR's of the 4th respondent.

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3. Accordingly, the second appeal is dismissed as abated. No costs.

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

1. The Principal District Judge, Salem.

2. II Additional District Munsif, Salem.

Copy To:- The Section Officer, VR Section, High Court, Madras - 104 +1cc to Mr.R.Meenal, Advocate, S.R.No.8865 S.A.No.729 of 2006 VD(CO) KKV/11/06/2020 https://hcservices.ecourts.gov.in/hcservices/