Smt. Thirumathal, v. Anganna Gounder (Died),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2019 C O R A M THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU S.A. No. 945 of 2015 Thirumathhal ... Appellant -vsAnganna Gounder (Died)

1. A. Muthusamy

2. Sivasamy

3. S.Raveendran

4. P.Balamani

5. P.Mangai

...Respondents

Second Appeal filed under Section 100 of the Civil Procedure Code, setting aside the Judgment and Decree passed by the First Appellate Court in A.S.No. 107/2010 dated 22.08.2012 on the file of the V Additional District and Sessions Judge (Fast Track Court - III), Coimbatore confirming the Judgment and Decree passed by the Trial Court in O.S.No.102 of 2005 dated 28.03.2008 on the file of the Subordinate Court, Pollachi and decree the suit as prayed for.

For Appellant : M/s.S.D.S.Philip For Respondents: Mr.V.Venkatasamy [For R1] No appearance [For R2 to R5]

J U D G M E N T

Mr. S.D.S. Philip, Learned Counsel for the Appellant has filed a memo dated 23.04.2019 stating that it is informed through the Learned Counsel, who had appeared for the Appellant before the Lower Court, that the sole Appellant died and the legal representatives of the deceased Appellant have not contacted the counsel.

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

2.

In view of the aforesaid memo filed by the Learned Counsel for the Appellant, this appeal stands dismissed as abated. However, it is left open to the legal representatives of the Appellant to apply for revival of the Second Appeal in accordance with law.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar maya To 1.The V Additional District and Sessions Judge (Fast Track Court-III) Coimbatore.

2.The Sub ordinate Judge, Subordinate Court, Pollachi.

+1cc to Mr.S.D.S.Philip, Advocate, S.R.No.38707 S.A. No. 945 of 2015 CP(CO) RRS(25/06/2019) https://hcservices.ecourts.gov.in/hcservices/