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Madras High CourtSA/1336/2002dismissed as abated

K.M.Basavappa v. Munusami Gounder

2018-03-21Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.1336 of 2002 K.M.Basavappa ... Appellant/Respondent/ Plaintiff Vs.

1.Munusamy Gounder 2.Ponnusami 3.Srinivasan 4.Veeragu ... Respondents/Appellants/ Defendants Prayer:

Second Appeal filed under Section 100 of C.P.C. against the judgment and decree of the learned Sub Judge, Thiruppattur, in A.S.No.24 of 1999 dated 13.3.2002 in reversing the well considered judgment and decree of the learned District Munsif, Thiruppattur, in O.S.No.17 of 1985 dated 08.02.1999. For Appellant : Mr.V.Raghavachari For Respondents: No Appearance

J U D G M E N T

The learned counsel appearing for the appellant submitted that he has sent letter through RPAD to the appellant for getting instructions and the said letter returned with the postal endorsement 'addressee deceased'. However, the legal representatives of the deceased sole appellant has not come forward to implead themselves in the appeal for representing the estate of the appellant. To that effect the learned counsel has also filed a memo dated 21.03.2018 before this Court. In view of the above, the second appeal is dismissed as abated. No costs.

pri Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The Subordinate Judge, Thiruppattur.

2.The District Munsif, Thiruppattur.

+1cc to Mr.V.Raghavachari, Advocate Sr.No.21660 SJ(CO) sm:6.4.2018 S.A.No.1336 of 2002 https://hcservices.ecourts.gov.in/hcservices/