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Madras High CourtSA/753/2012dismissed as abated

Vijayakumar v. Smt.Manickammal

2024-07-30Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Vijayakumar ...

Appellant Vs.

Manickammal ...

Respondent PRAYER: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 29.02.2012 passed in A.S.No.30 of 2010 on the file of the learned Subordinate Judge and Appellate Authority of Niligiris, Uthagamandalam, reversing the judgment and decree dated 25.01.2010 passed in O.S.No.187 of 2006 on the file of the learned District Munsif of Uthagamandalam.

For Appellant : M/s. S. Sabariss for M/s.S.K.R.Rakhunathan For Respondent : Mr. K.F.Manavalan 1/4

J U D G M E N T

Second Appeal has been filed against the judgment and decree passed in A.S.No.30 of 2010, dated 29.02.2012 on the file of the Subordinate Court, Nilgiris at Uthagamandalam, setting aside the judgment and decree passed in O.S.No.187 of 2006, dated 25.01.2010, on the file of the District Munsif Court, Uthagamandalam.

2. When the matter is taken up for hearing, the learned counsel appearing for the respondent submitted that the sole respondent died on 20.03.2017. To that effect, a memo dated 28.03.2022 was filed by the respondent.

3. So far, no steps have been taken to bring the legal representatives of the sole respondent in the Second Appeal within the time. Hence, the Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petitions, if any, are also closed. 30.07.2024 mrp Internet:Yes Index:Yes/No Speaking/Non speaking order 2/4

NCC: Yes/No To

1. The Subordinate Court, Nilgiris at Uthagamandalam.

2. The District Munsif Court, Uthagamandalam. 3/4

V.SIVAGNANAM , J.

mrp 30.07.2024 4/4