Madras High CourtAS(MD)/67/2011dismissed for default

M.Sankaranarayanan v. Nallathambi @ Ravichandran

2022-06-15Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S(MD)No.67 of 2011 and M.P.(MD)No.3 of 2011 M.Sankaranarayanan ...Appellant/Defendant .Vs.

Nallathambi @ Ravichandran

...Respondent/Plaintiff

PRAYER: Appeal Suit filed under Section 96 of Civil Procedure Code, to allow this appeal by setting aside the Judgment and decree dated 08.10.2009 of the I Additional District Judge, Tirunelveli, in O.S.No.2 of 2005 and dismiss the suit with Costs of the appellant/defendant. For Appellant :Mr.J.Ashok, for M/s.Jeyapaul Associates For Respondent : No appearance

JUDGMENT

The cause list shows that the sole respondent died on 17.03.2020 and with regard to the same a memo was filed and the same was also recorded in USR No.7117 Dated 17.03.2020. Sofar, the appellant has not 1/4

taken any steps to bring on record of the legal representatives of the sole respondent and therefore, this First Appeal is abated. 2.Considering the above facts, no useful purpose will be served in keeping this First Appeal pending any further and it can be inferred that the Appellant is not interested in prosecuting the Appeal. 3.Accordingly, this First Appeal is dismissed for default. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

15.06.2022 Index:Yes Internet:Yes ksa 2/4

To 1.The I Additional District Court, Tirunelveli.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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P.VELMURUGAN,J.

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