Madras High CourtSA(MD)/535/2006dismissed as abated

R. Alagarsamy v. Ramasamy Reddiar (Died)

2024-11-26Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2024

CORAM

THE HON'BLE MR.JUSTICE V.SIVAGNANAM R. Alagarsamy ... Appellant Vs.

1. Ramasamy Reddiar (Died)

2. Subbharaj

3. Gopalakrishnan

4. Radhakrishnan

5. Saroja

6. Gurulakshmi

7. Sathiabama

8. Rajammal

9. Seenithai

10. Navaneetha Krishnan (R5 to R10 are brought on record as LRs of the deceased R1 vide order Dated 07.04.10 & made in M.P.(MD)no.1/2009 in Sa(MD). No.535/2006).

... Respondents PRAYER : Second Appeal filed under Section 100 Cr.P.C., against the judgment and decree passed in A.S.No.40 of 2004 dated 09.12.2005 on the file of the Sub Judge, Aruppukottai, reversing the judgment and decree passed in O.S.No.155 of 1996 dated 24.09.2004 on the file of the District Munsif, Aruppukottai.

For Appellant : No appearance For Respondents : Mr.S.Parthasarathy for R2 to 10 1/4

JUDGMENT

This second appeal has been filed against the judgment and decree passed in A.S.No.40 of 2004 dated 09.12.2005 on the file of the Sub Judge, Aruppukottai, reversing the judgment and decree passed in O.S.No.155 of 1996 dated 24.09.2004 on the file of the District Munsif, Aruppukottai.

2. When the matter came up for hearing, there was no representation for the appellant. The learned counsel for the respondents 2 to 10 submitted that the sole appellant died in the year 2011 and further submitted that the third respondent died on 03.01.2016. He has also filed a memo to that effect.

3. Steps have not been taken within the period of limitation, to implead the LRs of the sole appellant. Hence, this second appeal is dismissed as abated. No costs.

26.11.2024 NCC : Yes / No Internet : Yes / No LS 2/4

To 1.The Sub Judge, Aruppukottai

2. The District Munsif, Aruppukottai.

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

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V.SIVAGNANAM ,J.

LS 26.11.2024 4/4