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Madras High CourtSA/1611/2010dismissed as abated

Umabai v. R.Vijayakumar Died

2024-07-18Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and M.P.No.1 of 2010 Umabai ...

Appellant Vs.

R. Vijayakumar (died)

1. Kasthuri

2. Anish ( minor rep. by mother & guardian first respondent) ...

Respondent (cause title accepted vide order of this Court dated 22.12.2010 made in M.P.No.1/2010 in SA Sr.108466/2010) 1/4

PRAYER: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree in A.S.No.666 of 2007 dated 31.08.2019 on the file of IV Fast Track Court, Additional District Court, Chennai reversing the decree and judgment in O.S.No.779 of 2006 dated 09.10.2007 on the file of the VI Assistant City Civil Judge, Chennai. For Appellant : Mr. D. Ravichander For Respondents : R1-died R2 notice served. No appearance

J U D G M E N T

Second Appeal has been filed against the judgment and decree passed in A.S.No.666 of 2007, dated 31.08.2010 on the file of the Fast Track Court No.IV, Chennai, reversing the judgment and decree passed in O.S.No.779 of 2006, dated 09.10.2007, on the file of the VI Assistant City Civil Court, Chennai.

2. When the matter is taken up for hearing, the learned counsel appearing for the appellant submitted that the sole appellant died on 13.09.2023 .

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3. Since no steps have been taken so far to bring the legal representatives of the sole appellant, the Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petitions, if any, are also closed.

18.07.2024 mrp Internet:Yes Index:Yes/No Speaking/Non speaking order NCC: Yes/No To

1. The Track Court No.IV, Chennai

2. The VI Assistant City Civil Court, Chennai. 3/4

V.SIVAGNANAM , J.

mrp 18.07.2024 4/4