Arulsamy v. Senthilkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 10.12.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR in C.M.P.(MD)No.3585 of 2020 Arulsamy : Appellant/1st Respondent/ Plaintiff Vs.

1.Senthilkumar : Respondent/Appellant/ 2nd Defendant 2.Alphonse 3.Arulanandam 4.Sathiabama : Respondents 2 to 4/ Respondents 2 to 4 Defendants 2 to 4 Prayer : Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 06.12.2019 made in A.S.No.55 of 2018 on the file of the Subordinate Court, Devakottai reversing the judgment and decree, dated 27.07.2018 in O.S.No.1 of 2014 on the file of the District Munsif Court, Devakottai.

For Appellant : Mr.S.Srinivasa Raghavan, For Respondents : Mr.B.Muruganandam, for R1. : No Appearance, for R2 to R4.

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JUDGMENT

The Second appeal is directed against the judgment and decree, dated 06.12.2019 made in A.S.No.55 of 2018 on the file of the Subordinate Court, Devakottai reversing the judgment and decree, dated 27.07.2018 in O.S.No.1 of 2014 on the file of the District Munsif Court, Devakottai.

2. It is seen from the records that the death of the sole appellant was reported as early as on 20.06.2024. Despite granting sufficient time, steps for the deceased appellant were not taken sofar.

3. When the matter is taken up for hearing today, the learned counsel for the first respondent would submit that they are not taking any steps for the deceased appellant.

4. In view of the above, the Second Appeal is dismissed as abated. Consequently, connected Miscellaneous Petition is closed. No costs. 10.12.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das 2/4

To 1.The Subordinate Court, Devakottai.

2.The District Munsif Court, Devakottai.

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

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K.MURALI SHANKAR ,J.

DAS Order made in in C.M.P.(MD)No.3585 of 2020 Dated : 10.12.2024 4/4