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Madras High CourtSA/523/2005dismissed as abated

M. Selvam v. Dharapuram Adheenam

2019-09-12Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.09.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM S.A.No.523 of 2005 and CMP.No. 8118 of 2005 M.Selvam ... Appellant/Appellate/Plaintiff Vs.

1.Dharmapuram Adheenam Dharmapuram, rep.by its Adheenakarthar.

2.Arulmigu Dharmapurieswarar Swami Thirukoil Dharmapuram, rep.by its Arangkavalar Dharmapuram Adheenakart.

... Respondents/Respondents/Defendants PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree passed by the Principal Sub-Judge, Mayiladuthurai, in A.S.No.99 of 2003 dated 30.01.2004 by upholding the judgment and decree passed by the Additional District Munsif, Myladuthurai, in O.S.No.354 of 1999 dated 03.03.2003.

For Appellant : M/s.Arul Selvi for Mr. T.Karunakaran For Respondents : Mr.S.Sounthar for R1 and R2

JUDGMENT

The learned counsel for the appellant has filed a memo stating that she has sent a notice to the Legal Representatives of the sole appellant and the same has been returned and hence, she is not having any instructions for filing a petition for impleading the Legal Representatives. The memo is recorded.

2. In the said memo itself, it has been stated that the notice which was sent on 29.06.2018 to the appellant was returned on 06.07.2018 stating that the appellant died on 04.07.2018 itself. So, it appears that on 04.07.2018 itself, the appellant died but, so far the Legal Representatives have not come forward to implead themselves as parties. https://hcservices.ecourts.gov.in/hcservices/

3. Hence, the Second Appeal is dismissed as abated. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. The Principal Sub-Judge, Mayiladuthurai.

2.The Additional District Munsif, Myladuthurai, 3.The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.T.Karunakaran, Advocate Sr.78798 S.A.No.523 of 2005 and CMP.No. 8118 of 2005 BS(CO) srg 05/11/2019 https://hcservices.ecourts.gov.in/hcservices/