Madras High CourtSA(MD)/844/2006dismissed as abated

A.V.Rajaram v. Narayanasamy

2024-12-16Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM S.A.(MD)No.844 of 2006 A.V.Rajaram ...Plaintiff/Appellant/Appellant -Vs1.Narayanasamy 2.Govindammal 3.Nammalvar Naicker (The 3rd respondent set ex-parte in the Lower Appellate Court. Hence 3rd respondent herein may be given up) ...Defendants 1 to 3/ Respondents/Respondents Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree in A.S.No.12 of 2002 on the file of the Subordinate Judge, Aruppukottai, dated 01.03.2004 confirming the judgment and decree passed in O.S.No.178 of 1994, dated 27.02.2001 on the file of the District Munsif, Aruppukottai.

For Appellant : Mrs.Vijayakumari Natarajan For Respondents : M/s.D.Nallathambi for R1 and R2 R3-Given up * * * * *

JUDGMENT

This Second Appeal has been filed against the judgment and decree in A.S.No.12 of 2002 on the file of the Subordinate Judge, Aruppukottai, dated 01.03.2004 confirming the judgment and decree passed in O.S.No.178 of 1994, dated 27.02.2001 on the file of the District Munsif, Aruppukottai.

2. When the matter was taken up for hearing, the learned counsel appearing for the appellant submitted that the sole appellant died on 09.09.2024 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.

16.12.2024 1/2 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

V.SIVAGNANAM . J, RJR To 1.The Subordinate Judge, Aruppukottai.

2.The District Munsif, Aruppukottai.

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

S.A.(MD)No.844 of 2006 16.12.2024 1/2