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Madras High CourtSA(MD)/253/2005dismissed as abated

Family Manager v. N.K.Murugesan

2021-11-10Honourable Mr Justice R.Vijayakumar2 pages

S.A.(MD)No.253 of 2005 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.A.(MD)No.253 of 2005 Family Manager N K Shanmuga Sundaram, S/o. C.M. Kandasami Pillai, Andavar Street, Kattuputhur Village, Musiri Taluk.

... Appellant -vs1. N.K.Murugesan

2. Pazhamudhir Selva Kandiah

3. Saraswathi Ammal ... Respondents PRAYER : Second Appeal filed under Section 100 of C.P.C, against the judgment and decree dated 23.12.2003 passed in A.S.No.224 of 2003 on the file of the Principal District Judge, Tiruchirappalli confirming the judgment and decree dated 03.03.2003 passed in O.S.No.30 of 1994 on the file of the learned District Munsif, Musiri. For Appellant :

Mr.T.M.Hariharan For Respondents :

Mr.B.Gopal For Mr.R.Udayakumar

JUDGMENT

The learned counsel for the appellant had filed a memo on 08.02.2021 to record the death of the sole appellant/ Family Manager N.K.Shanmuga Sundaram on 13.01.2016 and seeks three weeks time for taking steps to implead the legal representatives of the deceased sole appellant.

2. Today, when the appeal is taken up for hearing, it is represented that despite several attempts the legal representatives of the deceased sole appellant have not contacted and he is not in a position to take steps.

3.Recording the above submission, this Second Appeal is dismissed as abated. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) ebsi https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.253 of 2005 Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1. The Principal District Judge, Tiruchirapalli.

2. The District Munsif, Musiri.

S.A(MD)No.253 of 2005 10.11.2021 MGJ/NS(24.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2