Dr.Mohamed Haneef v. Shri Balaji Pandithar Chathram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Mohamed Haneef ...Defendant/Appellant/Appellant -VsBalaji Pandithar Chathram, Adirampattinam, Rep. by its Heriditary Trustee, R.Balaji, Adirampattinam.

...Plaintiff/Respondent/Respondent Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and decree made in A.S.No.16 of 2004 on the file of Sub Court, Pattukkttai, dated 31.03.2005 confirming the judgment and decree made in O.S.No.46 of 1998 on the file of District Munsif Court at Pattukkottai, dated 31.10.2003.

For Appellant : Mr.K.K.Senthil For Respondent : Mr.P.Thiyagarajan for M/s.T.R.Rajarman * * * * *

JUDGMENT

This Second Appeal has been filed against the Judgment and decree made in A.S.No.16 of 2004 on the file of Sub Court, Pattukkttai, dated 31.03.2005 confirming the judgment and decree made in O.S.No.46 of 1998 on the file of District Munsif Court at Pattukkottai, dated 31.10.2003. 2.When the matter was taken up for hearing, the learned counsel appearing for the appellant submitted that the sole appellant died on 04.11.2020 and steps have not been taken within the period of limitation as stipulated and he has also filed Memo to the said effect.

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

12.12.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

V.SIVAGNANAM. J, RJR To 1.The Sub Court, Pattukkottai.

2.The District Munsif Court at Pattukkottai.

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

12.12.2024