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Madras High CourtSA/541/2010dismissed as abated

M/S Lakshmi Flour Mill v. S.Varthichand

2023-03-06Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA and M.P.No.1 of 2010 M/s.Lakshmi Flour Mill, Represented by its Proprietor, V.Ravi, S/o.Veerasamu Pillai, Old D.No.159G, New D.No.62, Sengaluneerodai Street, Big Kancheepuram.

... Appellant Vs.

S.Varthichand ... Respondent Prayer : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 29.01.2010 passed in A.S. No.34 of 2009, on the file of the Sub Court, Kancheepuram, reversing the decree and judgment dated 26.06.2008 passed in O.S. No.452 of 2003, on the file of the Additional District Munsif Court, Kancheepuram. For Appellant : No appearance For Respondent : No appearance

JUDGMENT

The learned counsel appearing for the appellant reported no instructions for the appellant on 03.02.2022 in the second appeal. Hence, the Registry was directed to print the name of the appellant in the cause list. Though the name of the appellant is printed in the cause list today, there is no representation on behalf of the appellant. 2.It is also seen from the records that the sole respondent died long back and till date no steps have been taken by the appellant to implead the legal heirs of the deceased sole respondent.

3. In view of the same, the Second Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed.

06.03.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

R. HEMALATHA, J.

mtl To

1. The Sub Court, Kancheepuram

2. The Additional District Munsif Court, Kancheepuram.

3. The Section Officer, VR Section, High Court, Madras. and M.P.No.1 of 2010 06.03.2023