Madras High CourtSA/260/1999dismissed as abated

Thandavaraya Padayachi v. Kannan Padayatchi

2017-02-08Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.02.2017

CORAM

THE HON'BLE DR. JUSTICE G. JAYACHANDRAN SECOND APPEAL No.260 of 1999 Thandavaraya Padayatchi ... Appellant/Plaintiff /versus/ 1.Kannan Padayatchi 2.Kesava Padayatchi 3.Manonmani Ammal 4.Amudha Ammal 5.Minor Chinnaponnu 6.Minor Sudha 7.Minor Jothi (Minor 5 to 7 are rep.by Manonmani Ammal) ... Respondents/Defendants Prayer:

Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree of the Additional District Judge, Villupuram in A.S.No.100 of 1996, dated 25.09.1998 in confirming the judgment and decree on the file of the District Munsif Court, Ulundurpet in O.S.No.314 of 1995 dated 29.08.1995.

For Appellants :Mr.V.Raghavachari For Respondents:No appearance J U D G M E N T When the matter was posted on 21.12.2016, the learned counsel appearing for the appellant represented that the sole appellant died and seeks time to bring the legal heirs of the deceased appellant. Considering his request, time was extended to take steps and the matter was posted on 20.01.2017. Since steps were not taken, this Court at the request of the learned counsel appearing for the appellant, adjourned the matter on 31.01.2017. On that day also, steps were not taken and the learned counsel appearing for the appellant sought further adjournment. Considering his request, the matter was adjourned to 06.02.2017 and also adjourned to 08.02.2017. Till date, no application is filed to set aside the abatement caused due to the death of the sole appellant.

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2. Accordingly, this second appeal is dismissed as abated. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ari To 1.The Additional District Judge, Villupuram.

2.The District Munsif Court, Ulundurpet.

3.The Section Offocer, VR Section, High Court, Madras-104.

+1cc to Mr.V.Raghavachari, Advocate Sr.8202 S.A.No.260 of 1999 kgk[co] srg 23/2/2017 https://hcservices.ecourts.gov.in/hcservices/