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Madras High CourtSA/89/2019dismissed as abated

Arulmozhi v. Thangarasu

2023-04-10Honourable Mr Justice N. Seshasayee2 pages

S.A.No.89 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

MR.JUSTICE N.SESHASAYEE S.A.No.89 of 2019 Arulmozhi ... Appellant Vs.

1.Thangarasu 2.Subramanian ... Respondents PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, seeking to set aside the judgement and decree passed in O.S.No.37 of 2008, dated 26.07.2012, on the file of the Court of the District Munsif, Sirkali as confirmed in A.S.No.87 of 2012, dated 12.04.2013 on the file of the Court of Principal Sub-Ordinate Judge, Mayiladuthurai. For Appellant : Mr.A.Muthukumar For R1 : Mr.B.Mahendra Naidu For R2 : Mr.P.Anbarasan 1/2 https://www.mhc.tn.gov.in/judis

S.A.No.89 of 2019 N.SESHASAYEE, J.

Anu

JUDGMENT

When the matter was taken up for hearing, this Court was informed that 1st respondent has passed away.

2.Both the respondents claim under the same title, but no steps have been taken by the appellant to bring on record the legal representatives of the 1st respondent. Therefore, necessarily the entire appeal has to abate. 3.This second appeal stands dismissed as abated accordingly. No costs. 10.04.2023 Anu Index : yes / no Internet : yes / no Speaking / Non Speaking order To.

1.The District Munsif, Sirkali 2.The Principal Sub-Ordinate Judge, Mayiladuthurai S.A.No.89 of 2019 2/2 https://www.mhc.tn.gov.in/judis