T.Shanthakumari v. N.Nammalwar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.978 of 2007 T.Shanthakumari ..Appellant/Respondent/Plaintiffs Vs.

N.Nammalwar ..Respondent/Appellant/Respondents Second Appeal filed under Section 100 of the Code of Civil Procedure as against the Judgment and decree dated 29.12.2005 made in A.S. No.253 of 2004 on the file of the Court of the Additional District and Sessions Judge, Chennai modifying the judgment and decree dated 21.08.2003 made in O.S. No.1855 of 2000 on the file of the Court of the XII Assistant Judge, City Civil Court, Chennai.

For appellant : Mr.R.Agilesh For respondents : Mr.Asif Ali

JUDGMENT

The learned counsel for the appellant submits that he has sent a communication on 15.09.2019 by Registered Post to the appellant, which has been returned with an endorsement deceased. The Second Appeal is of the year 2007. The matter has been listed before this Court on three occasions i.e., on 13.09.2019, 03.10.2019 as well as today. Since the appellant is also dead as seen from the endorsement found in the postal cover and recording the submissions of the learned counsel for the appellant, the Second Appeal is dismissed as abated. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 1/2 https://hcservices.ecourts.gov.in/hcservices/

To

1. The Additional District and Sessions Judge, Chennai.

2. The XII Assistant Judge, City Civil Court, Chennai.

Copy To: The Section Officer, V.R.Section, High Court of Madras, Chennai -104.

AKM/13.12.19/2P- 4C / S.A. No.978 of 2007 2/2 https://hcservices.ecourts.gov.in/hcservices/