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Madras High CourtCMA/3429/2013dismissed as abated

R.Gunasekaran v. D.Venkatesan

2020-08-31Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA C.M.A.No.3429 of 2013 and M.P.No.1 of 2013 R.Gunasekaran ...Appellant/Petitioner -vsD.Venkatesan

...Respondent/Respondent

Memorandum of Grounds of Civil Miscellaneous Appeals under Order 43 Rule (1) of CPC against the fair and decreetal order of the learned Principal District Judge, Cuddalore dated 21.6.2012 passed in I.A.No.182/2006 in unnumbered A.S.No. .../2011. For Appellant ::

Mr.D.Baskar For Respondent ::

No Appearance

JUDGMENT

The present Civil Miscellaneous Appeal has been filed against the fair and decreetal order of the learned Principal District Judge, Cuddalore dated 21.6.2012 passed in I.A.No.182/2006 in unnumbered A.S.No. .../2011. 2.

On the last occasion on 31.07.2020, it was brought to the notice of this Court that the sole respondent died. Hence, this Court directed the learned Counsel for the appellant to take steps to bring on record the legal representatives of the sole respondent, otherwise, the appeal will be dismissed automatically.

3.

Today, when the matter was called, the learned Counsel for the appellant submitted that no steps have been taken to bring the legal representative of the deceased sole respondent on file. Therefore, the matter may be dismissed as abated. 4.

In spite of an opportunity granted, no Legal Representative of the sold respondent who died is brought on https://hcservices.ecourts.gov.in/hcservices/

record. Therefore, the Civil Miscellaneous Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Principal District Judge, Cuddalore.

2. The Section Officer, VR Section, High Court, Madras.

C.M.A.No.3429/2013 NMI(CO) RV(20/11/2020) https://hcservices.ecourts.gov.in/hcservices/