Madras High CourtSA/1150/2012dismissed as abated

R.Nallaiyan v. P.Periyasamy

2022-03-14Honourable Mr Justice N. Anand Venkatesh1 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH SA.No.1150 of 2012 R.Nallaiyan ...1st Defendant / Appellant/ Appellant Vs.

P.Periyasamy ..Plaintiff/Respondent/Respondent Prayer: Second Appeal filed under section 100 of the Code of Civil Procedure to set aside the Judgement and decree dated 19.07.2011 passed in A.S.No.57 of 2010 on the file of the Principal District Court, Namakkal, confirming the judgment and decree dated 22.07.2010 passed in O.S.No.159 of 2008 on the file of Subordinate Court, Rasipuram.

For Appellants :

Mr.P.Mathivanan

JUDGMENT

The learned counsel for the appellant submitted that the appellant died and inspite of his best efforts, he is not able to get the particulars of the legal representatives. In view of the same, this second appeal is dismissed as abated. It is left open to the legal representatives to file a petition to setaside abatement by filing an appropriate petition to implead the legal heirs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rka To

1. The Judge, Principal District Court, Namakkal.

2. The Judge, Subordinate Court, Rasipuram.

Copy To:- The Section Officer VR Section, High Court,Madras.

+1 cc to Mr.G.Pugazhenthi, Advocate Sr.NO. 17270 SA.No.1150 of 2012 spd(CO) A.SK(25/03/2022)