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Madras High CourtSA/149/2016dismissed as abated

Gunasekaran v. K.Rajendran

2025-02-05Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Gunasekaran .. Appellant Vs.

1. K.Rajendran

2. Tamilarasi .. Respondents PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 07.04.2015 made in A.S.No.37 of 2014 on the file of the Subordinate Court, Manargudi, Thiruvarur District reversing the judgment and decree dated 31.07.2014 made in O.S.No.32 of 2013 on the file of the District Munsif-cumJudicial Magistrate Court at Needamangalam and to decree the suit. For Appellant :

Mr.L.Prabakar For Respondents :

Mr.V.V.Sathya 1/4

J UD G M E N T The sole appellant in the appeal had died as early as in the year 2018 and by order dated 23.11.2018 and 25.01.2019, liberty has been given to the appellant to take steps to substitute the legal heirs. Even now when the matter is listed after five years, no steps has been taken.

2. In view of the same, this Second Appeal is dismissed as abated. No costs.

05.02.2025 Index:Yes / No Speaking Order :Yes / No vji 2/4

To

1. The learned Subordinate Judge, Manargudi, Thiruvarur District.

2. The District Munsif-cum-Judicial Magistrate, Needamangalam.

3/4

G.ARUL MURUGAN, J.

vji 05.02.2025 4/4