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Madras High CourtSA/868/2004dismissed as abated

M/S.Maniammal v. M/S.R. Palaniappan

2019-01-04Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :04.01.2019 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Second Appeal Nos.868 and 869 of 2004 and C.M.P.No.6533 of 2004 1.Maniammal 2.Pappathy 3.Sellappa Gounder .. Appellants in both the appeals /versus/ 1.R.Palaniappan 2.R.Mani 3.Selvaraj 4.Ravichandran (the name of the 3rd and 4th respondents amended vide order of the Court dated 20.01.2005 made in C.M.P.Nos.

14441/04 and C.M.P.No.14442/2004) .. Respondents in both the appeals Prayer in S.A.No.868/2004:

Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 27.02.2003 made in A.S.No.441 of 2002 and cross objections on the file of the Principal District Judge, Namakkal partly allowing the judgment and decree dated 31.07.1991 made in O.S.No.282 of 1984 on the file of the Principal District Munsif Court, Namakkal.

Prayer in S.A.No.869/2004:

Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 27.02.2003 made in A.S.No.442 of 2002 on the file of the Principal District Judge, Namakkal confirming the judgment and decree dated 31.07.1991 made in O.S.No.959 of 1984 on the file of the Principal District Munsif Court, Namakkal.

For Appellants :Mr.T.Dhaniyakumar (in both appeals) For Respondents :Mr.V.K.Vijayaragavan for R1 to R4 (in both appeals) https://hcservices.ecourts.gov.in/hcservices/

COMMON JUDGMENT The learned counsel appearing for the appellants in both the appeals informs that the third appellant as well as the first respondent died. The third appellant is the third plaintiff in O.S.No.282 of 1984 and the third defendant in O.S.No.959 of 1984. The above two suits have been filed for declaration and recovery of possession respectively. The learned counsel appearing for the appellants would submit that against the appeal and cross objection preferred by the respective parties, the present second appeals have been filed. In view of the death of the third appellant and the first respondent, nothing survives in these second appeals.

2. Recording the above, both the Second Appeals are dismissed as abated.

No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar To 1.Principal District Judge, Namakkal.

2.The Principal District Munsif, Namakkal.

3. The Section Officer, V.R. Section, High Court, Madras.

+2cc to Mr.T.Dhanya Kumar, Advocate, S.R.No.1627, 1160 +1cc to Mr.V.K.Vijayaraghavan, Advocate, S.R.No. 1146 S.A.Nos.868 and 869 of 2004 and C.M.P.No.6533 of 2004 CP(CO) GN(06/02/2019) https://hcservices.ecourts.gov.in/hcservices/