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Madras High CourtSA(MD)/32/2012dismissed as abated

V.Sundararaj v. V.Selvaraj

2024-06-07Honourable Mrs Justice N. Mala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.06.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA V.Sundarraj ... Appellant /Plaintiff Vs.

1.V.Selvaraj 2.V.Robert Raj ... Respondent/Defendant PRAYER:-- This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the decree and judgment dated 20.07.2011 made in A.S.No.15 of 2011 on the file of the Subordinate Judge, Padmanabhapuram, confirming the judgment and decree dated 19.01.2011 made in O.S.No.233 of 2009 on the file of the Principal District Munsif, Padmanabhapuram. For Appellant : Mr.P.Thiagarajan For Respondents : Mr.K.N.Thambi 1/4

JUDGMENT

The learned counsel for the appellant filed a memo, dated 07.06.2024 stating that the sole appellant namely V.Sundararaj died on 31.03.2021 and the legal representatives of the deceased sole appellant have not come forward to take necessary steps and hence he is not in a position to prosecute the Second Appeal. The said memo is recorded.

2. In view of the memo filed by the learned counsel for the appellant the Second Appeal is dismissed as abated. No costs. 07.06.2024 NCC : Yes /No Index : Yes / No VSD 2/4

To 1.The Subordinate Judge, Padmanabhapuram.

2.The Principal District Munsif, Padmanabhapuram.

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

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N.MALA, J VSD 07.06.2024 4/4