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Madras High CourtSA/151/2013dismissed as abated

Namachivayam v. Rathinam

2024-01-10Honourable Mr Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2024

CORAM:

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN S.A.No.151 of 2013 & M.P.No.1 of 2013 Namachivayam ... Appellant Vs.

Rathinam ... Respondent PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure against the judgment and decree passed in A.S.No.77 of 2011 dated 18.10.2012 on the file of the Court of Subordinate Judge, Nagapattinam in confirming the Judgement and Decree passed in O.S.No.249 of 2008 dated 20.08.2011 on the file of the Court of District Munsif, Nagapattinam. For Appellant : Mr.A.Muthukumar For Respondent : Mr.M.S.Palanisamy 1/6

ORDER

Ms.Nalini, learned counsel representing Mr.M.S.Palanisamy, learned counsel for the respondent would state that her client had passed away about a decade ago.

2. Steps not having been taken for more than a decade, I am left with no other option except to dismiss the appeal. Accordingly, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

10.01.2024 nl Index : Yes/No Speaking order/Non-speaking order 2/6

To 1.The Subordinate Judge, Nagapattinam 3/6

2.The District Munsif, Nagapattinam.

4/6

V.LAKSHMINARAYANAN ,J.

nl 5/6

10.01.2024 6/6