Madras High CourtSA(MD)/1140/2005dismissed as abated

A.Selvamony v. M.Jeyamoni

2025-01-08Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM A.Selvamony ...Plaintiff/Appellant/Appellant -VsM.Jeyamoni ...Defendant/Respondent/Respondent Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated passed in A.S.No.11 of 2004, dated 05.07.2005 on the file of the Sub Court, Padmanabhapuram, confirming the judgment and decree dated 30.12.2003 passed in O.S.No.88 of 2001 on the file of the Additional District Munsiff, Padmanabhapuram. For Appellant : Mr.R.Devaraj For Respondent : Mr.K.N.Thampi * * * * *

JUDGMENT

This Second Appeal has been filed against the judgment and decree dated passed in A.S.No.11 of 2004, dated 05.07.2005 on the file of the Sub Court, Padmanabhapuram, confirming the judgment and decree dated 30.12.2003 passed in O.S.No.88 of 2001 on the file of the Additional District Munsiff, Padmanabhapuram.

2.The learned Counsel appearing for the appellant submits that the sole appellant has died in the year 2018 and the sole respondent has also died on 15.11.2018 and no steps have been taken within the period of limitation as stipulated.

3. In view of the above, this Second Appeal is dismissed as abated. No costs.

08.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

To 1.The Sub Court, Padmanabhapuram.

2.The learned Additional District Munsiff, Padmanabhapuram. 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

V.SIVAGNANAM. J, RJR 08.01.2025