Madras High CourtSA(MD)/1212/2006dismissed as abated

Abdul Kadar v. Nallathambi @ Pookkooru(*)Died

2024-11-19Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024

CORAM

THE HON'BLE MR.JUSTICE V.SIVAGNANAM Abdul Kadar ... Appellant Vs.

1. Nallathambi @ Pookkooru(died)

2. Shanmugavel

3. Sigappiammal,

4. Ghandhi

5. Sundarapandiyan

6. Shanmugavalli

7. Chellathai R3 to R7 are brought on record as LRs of the deceased. R1 vide Court order, dated 16.07.2018 ) ... Respondents PRAYER : Second Appeal filed under Section 100 Cr.P.C., to set aside the judgment and decree passed by the Additional Subordinate Judge, Ramanathapuram, in A.S.No.9 of 1997, dated 14.03.2006 confirming the judgment and decree passed in O.S.No.35 of 1987 dated 29.11.1995, passed by the District Munsif Court, Ramanathapuram. 1/4

For Appellant : Mr.V.Chinnakaruppan For Respondents : Mr.PT.S.Narendravasen for R2

JUDGMENT

This second appeal has been filed to set aside the judgment and decree passed by the Additional Subordinate Judge, Ramanathapuram, in A.S.No.9 of 1997, dated 14.03.2006 confirming the judgment and decree passed in O.S.No.35 of 1987 dated 29.11.1995, passed by the District Munsif Court, Ramanathapuram.

2. When the matter came up for hearing, the learned counsel for the second respondent submitted that the sole appellant died on 21.11.2019 and steps have not been taken within the period of limitation as stipulated.

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

19.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No LS 2/4

To 1.The Additional Subordinate Judge, Ramanathapuram.

2. District Munsif Court, Ramanathapuram.

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

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V.SIVAGNANAM ,J.

LS 19.11.2024 4/4