Madras High CourtSA(MD)/290/2006dismissed as abated

Nambi Thevar v. Subbiah Thevar

2023-09-13Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.09.2023

CORAM

THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY and CMP(MD)No.2297 of 2006 Nambithevar ... Appellant -vsSubbiah Thevar ... Respondent PRAYER: Second Appeal filed under Section 100 Code of Civil Procedure against the Judgment and Decree dated 10.03.2005 made in A.S.No.96 of 2004 on the file of the Principal Sub Judge, Tirunelveli reversing the Judgment and Decree dated 03.06.2004 made in O.S.No.78 of 2001 on the file of the District Munsif-cum-Judicial Magistrate, Nanguneri.

For Appellant ... Mr.A.Arumugam For Respondent ... No appearance 1/4

JUDGMENT

The sole respondent died. Hence, steps have been taken by filing a petition in M.P(MD)No.1 of 2014 to condone the delay in filing the petition to set aside the abatement caused due to the death of the deceased sole respondent. This Court vide order, dated 20.06.2023, allowed the petition on condition. However, the said conditional order has not been complied with. Hence, this Court vide order dated 04.07.2023 has dismissed the petition in M.P(MD)No.1 of 2014 and the connected petitions in M.P(MD)Nos.2 and 3 of 2014.

2. In view of the above, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. 13.09.2023 NCC : Yes/No Index : Yes/No Internet: Yes skn 2/4

To:

1.The Principal Sub Judge, Tirunelveli.

2.The District Munsif-cum-Judicial Magistrate, Nanguneri. 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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KRISHNAN RAMASAMY, J.

skn and CMP(MD)No.2297 of 2006 13.09.2023 4/4