The State Of Tamil Nadu v. J.Naina Mohammed

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and M.P.(MD).No.1 of 2008 1.The State of Tamil Nadu represented by its District Collector, Thanjavur.

2.The Inspector, Thanjavur East Police Station, Keezhavasal, Thanjavur.

... Appellants Vs.

1.J.Naina Mohammed 2.S.Sajagan ... Respondents PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree of the Principal District Court, Thanjavur made in A.S.No.8 of 2006 dated 02.03.2007, reversing the judgment and decree of the Principal Sub Court, Thanjavur dated 09.08.2005 made in O.S.No.109 of 2003.

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For Appellants : Mr.A.Baskaran Additional Government Pleader For Respondents : Mr.K.Vaithiyalingam

J U D G M E N T

The first respondent passed away as early as on 16.07.2021. However, till date no steps have been taken to implead the legal representatives of the deceased first respondent. Since the first respondent is the plaintiff in the suit and in the absence of impleading the LRs., this appeal cannot be heard. Hence, the Second Appeal is dismissed as abated. No costs. Consequently, the connected Miscellaneous Petition is closed.

02.08.2023 akv To 1.The Principal District Court, Thanjavur.

2.The Principal Sub Court, Thanjavur.

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3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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KRISHNAN RAMASAMY ,J.

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