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Madras High CourtSA/748/2005dismissed as abated

K. Veluswamy v. R. Subbanna Gounder

2019-02-07Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2019

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN S.A.Nos.748 & 749 of 2005 K.Veluswamy ...Appellant in both appeals Vs.

1. R.Subbanna Gounder ...1st Respondent in both appeals

2. The Executive Officer Madukkarai Panchayat Madukkarai Village Coimbatore Taluk ...2nd Respondent in SA No.748 of 2005 Prayer: Second Appeals filed under Section 100 of Civil Procedure Code, against the judgment and decree made in A.S.Nos.220 and 221 of 2003 dated 26.02.2004 on the file of the Court of principal District Judge, Coimbatore in confirming the judgement and decree made in O.S.Nos.1865 of 1995 and 1329 of 1998 dated 17.09.2003 respectively on the file of the Court of the Second Additional District Munsif, Coimbatore. For Appellant : Mr.A.Muthu Kumar (in both appeals) For Respondents: No appearance (in both appeals).

COMMON JUDGMENT Counsel for the appellant filed a memo informing that the first respondent in S.A.No.748 of 2005 and the sole respondent in S.A.No.749 of 2005, namely, R.Subbana Gounder died three years ago and the appellant is unable to gather the particulars of the legal representatives of the deceased respondent and continue the appeals as per law. The abovesaid memo is taken on record.

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2. In the light of the above position, there is no purpose in keeping the Second Appeals further pending.

3. Resultantly, the Second Appeals are dismissed as abated. No costs. Consequently, connected miscellaneous petition, if any, is closed.

bga Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 1.The Principal District Judge, Coimbatore 2.The Second Additional District Munsif, Coimbatore.

3. The Executive Officer, Madukkarai Panchayat, Madukkarai Village, Coimbatore Dist.

4.The Section Officer, V.R.Section, High Court, Madras.

+1cc to M/s.A.Muthukumar, Advocate, SR.No.10707 S.A.Nos.748 & 749 of 2005 vsn-II-(CO) kak(12/03/2019) https://hcservices.ecourts.gov.in/hcservices/