P.S.Natarajan v. M.Chinnathambi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2020

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN S.A.No.148 of 2010 and M.P.No.1 of 2010 P.S.Natarajan .. Appellant Vs.

M.Chinnathambi .. Respondent PRAYER: Second Appeal is filed under Section 100 of C.P.C against the judgment and decree dated 12.06.2009 made in A.S.No.128 of 2007 on the file of the Principal Sub Court, Erode, confirming the judgment and decree dated 26.06.2006 made in O.S.No.259 of 2005 on the file of the District Munsif Court, Perundurai.

For Appellant : Mr.Guruprasad for M/s.AZB & Partners For Respondent : Mr.N.Manoharan

J U D G M E N T

(The case has been heard through video conference) This Second Appeal is preferred against the concurrent finding of the Courts below in the suit for promissory note.

2. The learned counsel for the appellant reports that pursuant to the decree passed, which is impugned in the second appeal, the appellant has deposited the decree amount in the E.P., filed by the respondent/plaintiff herein and the Execution Petition also terminated on realization of the decree amount. The sole appellant died and his legal representatives are not interested to pursue the matter further. Hence nothing survives in this second appeal. https://hcservices.ecourts.gov.in/hcservices/

3. In the above circumstances, this Court dismiss the second appeal as infructuous. No costs. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpl To 1.The Principal Sub Court, Erode.

2.The District Munsif Court, Mannargudi.

+1cc to M/s.N.Manokaran, Advocate SR.24784 S.A.No.148 of 2010 and M.P.No.1 of 2010 PP(CO) CB(28/09/2020) https://hcservices.ecourts.gov.in/hcservices/