Madras High CourtSA(MD)/1039/2006dismissed as abated

Lunatic S.Ramachandran v. S.Narayanasamy Pillai

2021-06-29Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.1039 of 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.1039 of 2006 and M.P.(MD)No.1 of 2006 Lunatic S.Ramachandran through its property Managers 1.S.Venkateswaran 2.Lalitha Ammal ... Appellant/Appellant/Plaintiff -Vs1.S.Narayanasamy Pillai 2.N.Chandran 3.N.Kuttimani 4.N.Kaliappan ... Respondents/Respondents/Defendants PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the Judgment and decree dated 24.05.2006 made in A.S.No.194 of 2002 on the file of the Additional District Judge (Fast Track Court No.4) Periyakulam, confirming the Judgment and decree dated 10.06.2002 made in O.S.No.89 of 1992 on the file of the Sub Court, Periyakulam.

For Appellant : Mr.R.Surianarayanan For R3 : Mrs.P.Jessi Jeeva Priya For R1, R2 & R4 : Dismissed

JUDGMENT

The learned counsel appearing for the respondents had filed a memo way back in 2014 that the appellant Ramachandran has passed away. Of-course, the memo was not served on the counsel for the appellant. It is now stated that R1, R2 and R4 have also passed away. The details of the legal heirs of R1, R2 & R4 are not known to the learned counsel for the appellant. In these circumstances, the second appeal has to be necessarily dismissed as having abated. It is for the legal heirs of the appellant to take appropriate steps to set aside the abatement. The second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/3

S.A.(MD)No.1039 of 2006 rmi To 1.The Additional District Judge (Fast Track Court No.4) Periyakulam. 2.The Sub Court, Periyakulam.

3.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 2 Copies +1 CC to M/s.P.JESSI JEEVA PRIYA, Advocate ( SR-20850[F] dated 01/07/2021 ) Judgment made in S.A.(MD)No.1039 of 2006 and M.P.(MD)No.1 of 2006 29.06.2021 CN(06.07.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/3