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Madras High CourtSA/2253/2004dismissed as abated

Samiyathal v. M.Muthusamy

2024-01-12Honourable Mr.Justice G.Arul Murugan2 pages

S.A.No.2253 of 2004

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.01.2024

CORAM

THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN S.A.No.2253 of 2004 and C.M.P.No.18306 of 2004 Samuyathal ...Appellant Vs 1.M.Muthusamy 2.Palanisamy 3.Sarasawathy ...Respondents PRAYER: Second Appeal is filed under section 100 of the Civil Procedure Code, as against the Judgment and Decree made in A.S.No.23 of 2003 dated 20.08.2003 on the file of the learned Sub Judge, Dharapuram confirming the judgment and decree passed in O.S.No.428 of 1999 dated 10.01.2003 on the file of the learned District Munsif, Dharapuram and prays to set aside the same.

For Appellant :

No appearance For Respondents :

No appearance **** https://www.mhc.tn.gov.in/judis 1/2

S.A.No.2253 of 2004 G.ARUL MURUGAN, J., mpa

J U D G M E N T

When the matter is taken up today for hearing, there is no representation on either side. When the matter was listed on 14.02.2023, it was represented that all the respondents in the appeal died and time was given to the appellant to take steps to bring the legal heirs of the respondents on record. Till date no steps have been taken by the appellant and therefore, no useful purpose in keeping the Second Appeal pending. Therefore, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

12.01.2024 Index : Yes/No Speaking order/non-speaking order mpa To

1. The Sub Judge, Dharapuram.

2. The District Munsif, Dharapuram.

S.A.No.2253 of 2004 and C.M.P.No.18306 of 2004 https://www.mhc.tn.gov.in/judis 2/2