Palani S/O.Subramani, v. M.Parthasarathy,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2019 CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE S.A.No.878 of 2004 Palani .... Appellant Vs 1.M.Parthasarathy 2.M.Gopal 3.M.Govindan 4.M.Munusamy 5.Ranuammal 6.Lakshmi Ammal 7.Valliammal 8.M.Elumalai 9.Babi Ammal 10.Nagammal 11.Periathambi Nadar .... Respondents Prayer :- Second Appeal filed under Section 100 of the Civil Procedure Code, preferred against 23.02.1995 made in A.S.No.32/91 on the file of the Subordinate Judge, Vellore at North Arcot, Ambedkar District, reversing the judgment and decree dated 19.12.1990 made in O.S.No.426/83 on the file of the Additional District Munsif Court, Vellore at North Arcot, Ambedkar District.

For Appellant : Mr.Krishna Prasad for M/s.Sarvabhauman Associates

JUDGMENT

This case is at part-heard stage and this Court was informed by the learned counsel for the appellant that the first respondent is dead.

2. Inspite of adjournments being granted to bring on record the legal representatives of the deceased first respondent, nothing is seen forthcoming. Hence, this appeal may stand dismissed.

3. However, the learned counsel for the appellant submitted that as and when they gets instruction, they may be granted leave to restore the appeal.

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4. The said submission of the learned counsel for the appellant is based on an hypothetical 'if' a situation arises, the same will be dealt with on its own merit.

5.Accordingly, this appeal is dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ds To:

1. The Subordinate Judge, Vellore at North Arcot.

2. The Additional District Munsif Court, Vellore at North Arcot. 3.The Section Officer, VR Section, High Court, Madras. +1cc to M/s.Sarvabhauman Associates, Advocate sr.71418 S.A.No.878 of 2004 bp(co) nr 31/01/2020 https://hcservices.ecourts.gov.in/hcservices/