Madras High CourtSA(MD)/335/2006dismissed as abated

Samsudeen v. Sainbu Bivi

2024-10-01Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P(MD)No.2599 of 2006 1.Samsudeen 2.Mohammed Mydeen ... Appellants/Appellants/Defendants Vs.

1.Sainbu Bivi 2.Naniambal ... Respondents/Respondents/Defendants Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 16.03.2005 made in A.S.No.1 of 2005 on the file of the Principal District Court, Tirunelveli, confirming the judgment and decree dated 16.02.2004 made in O.S.No.69 of 1998 on the file of the Sub Court, Tirunelveli. For Appellants : Mr.K.V.Subramanian For R - 1 : Mr.D.Nallathambi 1/4

JUDGMENT

When the matter is taken up for hearing today, the learned counsel appearing for the appellants submitted that the letters written to the appellants were returned with an endorsement 'deceased' and he has also made an endorsement to that effect.

2.Recording the submission and endorsement made by the learned counsel appearing for the appellants, the Second Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed.

01.10.2024 NCC : Yes/No Index : Yes/No ps 2/4

To 1.The Principal District Court, Tirunelveli.

2.The Sub Court, Tirunelveli.

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

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V.BHAVANI SUBBAROYAN, J.

ps Judgment made in 01.10.2024 4/4