Madras High CourtSA(MD)/689/2008dismissed as abated

Kamalamma v. Rajasekharan Nair

2024-06-06Honourable Mr Justice S. Sounthar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A.NO.689 OF 2008 Kamalamma :Appellant/Appellant/Defendant .vs.

Rajasekharan Naiur`````````:Respondent/Respondent/Plaintiff PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.17 of 2005, dated 17.12.2007, on the file of Subordinate Judge, Kuzhithurai reversing the judgment and decree made in O.S.No.183 of 1996, dated 26.2.2001, on the file of Additional District Munsif, Kuzhithurai.

For Appellant :Mrs.J.Anandhavalli For Respondent :Mrs.K.Rama Prabha for Mr.K.Sreekumaran Nair

JUDGMENT

************* The learned counsel for the respondent submits that the appellant's counsel served a copy of the L.R Petition to bring on record the legal representatives of the deceased sole respondent, who died on 05.03.2010. Though the notice to LR petition was served on the respondent's counsel as early as on 07.04.2010, till

date, the said application has not been numbered. 2.In view of the fact that the sole respondent died as early as on 05.03.2010, the Second Appeal is dismissed as abated. No costs. 06.06.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Subordinate Judge, Kuzhithurai.

2.The Additional District Munsif, Kuzhithurai.

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

S.SOUNTHAR, J.

vsn JUDGMENT MADE IN S.A(MD)NO.689 OF 2008 06.06.2024