Madras High CourtAS(MD)/196/2010dismissed as abated

N.Palani @ N.Palani Ananthan v. N.Swaminathan

2022-06-22Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S(MD)No.196 of 2010 and M.P(MD)No.1 of 2010 N.Palani @ Palani Ananthan :Appellant/Plaintiff .vs.

1.N.Swaminathan 2.S.Meerabai 3.L.Vijayalakshmi 4.N.Gurunathan :Respondents/Defendants PRAYER: First Appeal filed under Section 96 of the Civil Procedure Code against the judgment and decree made in O.S.No.13 of 2007, dated 12.01.2010, on the file of Additional District Judge- cum-Fast Track Court No.1, Tiruchirappalli.

For Appellant : Mr.I.Irulappan For Respondents : Mr.S.Srinivasa Raghavan

JUDGMENT

********* The learned counsel for the appellant would submit that the sole appellant died even way-back in the year 2015 itself and so far no steps having been taken to bring on record the legal representatives of the deceased sole appellant. Even they have not filed a memo to record the death of the deceased sole appellant or has given the particulars of the legal representatives of the deceased sole appellant.

2.Therefore, in these circumstances, the appeal suit is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar(CS-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) vsn https://hcservices.ecourts.gov.in/hcservices/ 1/2

To 1.The Judge, Additional District Judge-cum-Fast Track Court No.1, Tiruchirappalli.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.S. SRINIVASA RAGHAVAN, Advocate ( SR-27855[F] dated 23/06/2022 ) JUDGMENT MADE IN A.S(MD)No.196 of 2010 and M.P(MD)No.1 of 2010 22.06.2022 srk(CO) TR(29.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2