Madras High CourtSA/208/2009dismissed as abated

Ramasamy Gounder v. J.Mohanasundari

2016-12-09Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM

Dated:09.12.2016 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN Second Appeal No.208 of 2008 Ramasamy Gounder .. Appellant/1st Defendant /vs/ 1.J.Mohanasundari 2.R.Rani 3.Manonmani 4.R.Iyyammal 5.Palanichamy .. Respondents/Plaintiffs 1 to 4/ & Defendant-2 Second Appeal filed under Section 100 of the Civil Procedure Code against the concurrent findings of the Courts below made in Judgment and Decree in O.S.No.989 of 1991 dated 11.02.2004 on the file of III Additional District Munsif Court, Coimbatore and in Judgement and Decree in A.S.No.103 of 2004, dated 10.04.2006 made on the file of the III Additional Sub Court, Coimbatore.

For Appellant :Mr.N.Vijayaraj For Respondents:No appearance

JUDGMENT

The learned counsel appearing for the appellant submits that it is a suit for permanent injunction filed by the appellant and the same has been dismissed by both the Courts below and against the concurrent findings, this Second Appeal was filed. Pending disposal of the appeal, the appellant died and the cause of action does not survive.

2. Recording the same, this Section Appeal is dismissed as abated. No costs.

Ari Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The III Additional Sub Judge, Coimbatore.

2.The III Additional District Munsif, Coimbatore. S.A.No.208 of 2009 MSM(CO) RVR 10/01/2017 https://hcservices.ecourts.gov.in/hcservices/