Madras High CourtSA(MD)/430/2005dismissed as abated

Saraswathy v. M.Viswanathan

2024-08-08Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN 1.Saraswathy 2.Puzhavar Pazhanisamy ... Appellants/Appellants/Plaintiffs Vs.

M.Viswanathan ... Respondent/Respondent/Defendant Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 10.11.2004 made in A.S.No.28 of 2003 on the file of the Additional District Court/Fast Track Court No.1, Thanjavur, confirming the judgment and decree dated 20.12.2002 made in O.S.No.65 of 2001 on the file of the Principal Sub Court, Kumbakonam.

For Appellants : Mr.R.Devaraj For Respondent : Mr.G.Gomathi Sankar 1/4

JUDGMENT

When the matter came up of hearing on 13.06.2022, the learned counsel appearing for the appellants submitted that the first appellant died and sought time for taking steps to implead the legal heirs of the deceased first appellant.

2.When the matter is taken up for hearing today, the learned counsel appearing for the appellant submitted that the letter written to the first appellant was returned with an endorsement 'deceased'. 3.Recording the submission of the learned counsel appearing for the appellant, the Second Appeal is dismissed as abated. No costs. 08.08.2024 NCC : Yes/No Index : Yes/No ps 2/4

To 1.The Additional District Court/Fast Track Court No.1, Thanjavur.

2.The Principal Sub Court, Kumbakonam.

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 08.08.2024 4/4