Jayaraman v. Murugaian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S(MD)No.48 of 2012 and CM.P(MD)Nos.6017 to 6019 of 2019 Jayaraman ... Appellant/1st defendant/ 1st Respondent .Vs.

1.Murugaian ... 1st Respondent/Plaintiff/ Petitioner 2.Kunjuammal 3.Packirisamy (died) 4.Rengasamy (died) 5.Kuppamal (died) 6.Saratham 7.Gandhimathi ... 2 to 14 respondents/Defendants/ Respondents 8.Pattu (died) 9.Gunasekar 10.Chandrasekar 11.Madhavan 12.Senthamarai 13.Chellathurai 14.Amsavalli (R8 to R10 are brought on record as LRs of the deceased R3 and 1/4

R9 & R10 are recorded as Lrs of the deceased 8th respondent vide order dated 21.10.2011) (R11 & R12 are brought on record as Lrs of the deceased R4 vide order dated 21.10.2011) (R13 & R14 are brought on record as Lrs of the deceased R5 vide order dated 21.10.2011) PRAYER: Appeal Suit filed under Section 96 of Civil Procedure Code, to set aside the decree and judgment passed in I.A.No.334/2005 in O.S.No.19 of 2004, on the file of the Additional District Court (Fast Track-II) Pattukkottai, dated 30.03.2007.

For Appellant : Mr.V.K.Vijayaraghavan For Respondents : No appearance

JUDGMENT

************ It is represented that sole appellant died long back. The learned counsel for the appellant has not taken any steps to bring on record the legal representative of the deceased sole appellant. Once the sole appellant died, if steps have not been taken within 90 days, the appeal will be dismissed as abated automatically. 2/4

2. In this case, till date no steps have been taken and hence, this appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed.

07.07.2022 Index:Yes Internet:Yes am To

1. The Additional District Court (Fast Track-II) Pattukkottai 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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P.VELMURUGAN,J.

am A.S(MD)No.48 of 2012 07.07.2022 4/4