Madras High CourtSA/738/2004dismissed as abated

M.Ramu v. Vijayan

2019-01-11Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:11.01.2019 Coram:

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Second Appeal No.738 of 2004 M.Ramu .. Appellant /versus/ 1.Vijayan 2.Dinakaran 3.Ashok Kumar 4.Ramesh Babu 5.Gowri 6.Meera 7.Bhavani 8.Rajakumari 9.Vaijayanthi Mala .. Respondents Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 25.02.2003 in A.S.No.115 of 2002 on the file of Additional District Court (Fast Track Court-I), Tindivanam reversing the judgment against the order dated 16.02.99 in O.S.No.81 of 88 on the file of District Munsif Court, Gingee.

For Appellant :Mr.R.Venkatesulu for Mrs.Usha Raman For Respondents:No appearance

JUDGMENT

The learned counsel appearing for the appellant reports that the sole appellant died on 03.01.2017. When the matter was listed on 07.01.2019, there was no representation for the appellant. Hence, it was listed under the caption "For Dismissal" on 11.01.2019.

https://hcservices.ecourts.gov.in/hcservices/

2. In the light of the facts that the sole appellant died, this Second Appeal is dismissed as abated. The legal heirs of the deceased sole appellant are at liberty to take out a petition with desire to do so with an explanation for the delay. No costs.

s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar ari To 1.The Additional District Court(Fast Track Court-I), Tindivanam. 2.The District Munsif Court, Gingee.

+1 CC to Mr. Usha Raman,Advocate sr 3628.

S.A.No.738 of 2004 VSNII(CO) SP(08/02/2019) https://hcservices.ecourts.gov.in/hcservices/