Madras High CourtSA/1209/2000dismissed as abated

Varadhan v. Kamalavathy

2018-01-29Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.1209 of 2000 and C.M.P.No.835 of 2009 Varadhan ... Appellant/Plaintiff Vs.

1.Kamalavathy 2.Sundaram 3.Ambattur Municipality Rep. by its Commissioner Ambattur, Chennai ... Respondents PRAYER: The Second Appeal has been filed under Section 100 of C.P.C. against the Judgment and Decree dated 31.07.1998 made in A.S.No.486 of 1997 on the file of the Sub-Court, Poonamallee in confirming the Judgment and Decree dated 30.09.1997 made in O.S.No.332 of 1997 on the file of the District Munsif Court, Ambattur.

For Appellant :Mr.N.Damodaran

J U D G M E N T

The learned counsel appearing for the appellant submits that he had tried to contact the appellant on several occasions for getting instructions and thereafter he has also sent a registered post on 17.01.2018, but, the said registered cover was returned with an endorsement "Appellant deceased". 2.It is also represented by the learned counsel for the appellant that till date the legal heirs of the deceased appellant have not contacted him. Accordingly, he has filed a memo to that effect.

https://hcservices.ecourts.gov.in/hcservices/

3.In view of the above, the second appeal stands dismissed as abated. Consequently, connected CMP is closed. No costs.

Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar kas To.

1.Sub-Court, Poonamallee.

2.The District Munsif Court, Ambattur.

3.The Commissioner, Ambattur Municipality Ambattur, Chennai.

S.A.No.1209 of 2000 RV(CO) GN(16/02/2018) https://hcservices.ecourts.gov.in/hcservices/