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Madras High CourtSA/989/2014dismissed as abated

Nizam Basha v. Sarammal

2024-12-03Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2024

CORAM:

THE HONOURABLE Ms. JUSTICE R.N.MANJULA S.A. No.989 of 2014 Nizam Basha ... Appellant Vs.

Sarammal ... Respondent Second Appeal is filed under Section 100 of Civil Procedure Code, 1908, against the judgment and decree dated 30.08.2013 made in A.S.No.16/11 on the file of the II Additional Sub Court, Coimbatore allowing the appeal and reversing the judgment and decree dated 09.11.2010 made in O.S.No.449/01 on the file of the II Additional DMC Coimbatore. For Appellant : Mr.I.Kowser Nissar For Respondent : Mr.T.Saikrishnan 1/4

JUDGMENT

When the matter is taken up today, the learned counsel for the appellant furnished a memo dated 27.11.2024, stating that the sole appellant died and the legal heirs of the deceased sole appellant did not evince any interest to prosecute the matter further. Hence, the learned counsel for the appellant seeks permission to withdraw the second appeal.

2. Considering the submission of the learned counsel for the appellant and the memo dated 27.11.2024, the Second Appeal is dismissed as abated. No costs.

03.12.2024 Index:Yes/No Speaking Order / Non-speaking order bkn 2/4

To:

1. The Judge, II Additional Sub Court, Coimbatore.

2. The Judge, II Additional DMC, Coimbatore

3. The Section Officer, V.R.Records, Madras High Court.

3/4

R.N.MANJULA, J.

bkn S.A. No.989 of 2014 03.12.2024 4/4