M.Subbiah v. R.Subbiah

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and M.P(MD)No.2 of 2013 and C.M.P.(MD)No.4636 of 2019 M.Subbiah ...Appellant -VsR.Subbiah ... Respondent PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree, dated 11.04.2011 passed in A.S.No.25 of 2011 by the Subordinate Court, Devakottai confirming the judgment and decree, dated 17.09.2010 passed in O.S.No.82 of 2007 by the District Munsif Court, Devakottai.

For Appellant : Ms.K.Shwathini For Respondent : Mr.S.Jeyaprakash **** 1/4

JUDGMENT

When the Appeal is taken up for hearing, the learned Counsel for the appellant submitted that the sole respondent passed away long back. The learned Counsel for the appellant has also made an endorsement to that effect in the Court bundle.

2.Recording the submission made by the learned Counsel for the appellant, the Second Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petitions are closed. 05.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cmr 2/4

To 1.The Subordinate Judge, Devakottai.

2.The District Munsif, Devakottai.

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

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S.SOUNTHAR , J.

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