Rathinamma v. R. Venkatesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.07.2023 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.M.A.No.360 of 2018 and C.M.P.No.3465 of 2018 Rathinamma ...Appellant Vs.

R.Venkatesan

...Respondent

Prayer: Civil Miscellaneous Appeal is filed under Section 104 r/w XLIII of C.P.C. challenging the fair and decreetal order dated 06.11.2017 made in I.A.No.220 of 2016 in O.S.No.30 of 2016 passed by the learned Additional District Judge, Hosur.

For Appellant :

Mr.S.Satheesh Kumar For Respondent :

Mr.P.Mani *****

JUDGMENT

This appeal is filed challenging the fair and decreetal order dated 06.11.2017 made in I.A.No.220 of 2016 in O.S.No.30 of 2016 passed by the learned Additional District Judge, Hosur.

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Today, when the matter is called for hearing, the learned counsel appearing for the respondent represented that the sole respondent died on 15.07.2019 itself and he has also filed a memo to that effect. Since even after giving sufficient opportunities, the learned counsel for the appellant did not take any effective steps to contest the appeal against the legal representatives of the deceased sole respondent, this civil miscellaneous appeal shall stand dismissed as abated. Consequently connected miscellaneous petition is also closed. No cost. 19.07.2023 cgi Index: Yes/No Speaking Order: Yes/No To

1. The Additional District Judge, Hosur.

2.The Section Officer, V.R.Section, High Court, Madras. 2/3

P.VELMURUGAN. J., cgi C.M.A.No.360 of 2018 and C.M.P.No.3465 of 2018 19.07.2023 3/3