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Madras High CourtSA(MD)/87/2008dismissed as abated

Sridharan v. Chandrasekara Gupta

2025-06-13Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025

CORAM

THE HON'BLE MS.JUSTICE R.POORNIMA, SA.(MD)No.87 of 2008 Sridharan ... Appellant Vs.

1.Chandrasekara Gupta 2.Suresh ... Respondents PRAYER : Second Appeal filed under Section 100 Cr.P.C., to set aside the judgment and decree passed by the Principal District Judge, Pudukottai, in A.S.No.89 of 2003, dated 11.09.2006 confirming the judgment and decree passed in O.S.No.126 of 2001 dated 30.06.2003, passed by the Principal District Munsif Court, Pudukottai. For Appellant : M/s.Sarvabhauman Associates For Respondents : R1- dismissed Mr.G.Sridharan - for R2 1/4

JUDGMENT

On perusal of records, it shows that on 15.09.2023 itself the first respondent in the appeal died. Though it is represented in the year 2023 itself, so far no steps have been taken, it shows that the appellant is not interested in pursuing the appeal on merits and the learned counsel for the appellant has not taken any steps to implead the legal heirs of the 1st respondent within the period of limitation.

2. In view of the above, this second appeal is dismissed as abated. No costs.

13.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 2/4

To 1.The Principal District Judge, Pudukottai.

2.The Principal District Munsif Court, Pudukottai.

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

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R.POORNIMA, J.

RM 13.06.2025 4/4