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Madras High CourtSA(MD)/605/2016dismissed as abated

Ibramsha,Kalangathankottai v. Ponnalagu,

2022-04-22Honourable Mr Justice Krishnan Ramasamy2 pages

S.A.(MD)No.605 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.A(MD)No.605 of 2016 Ibramsha ... Appellant/ Appellant/Plaintiff -vs1.Ponnalagu 2.Ramu 3.Sikkanthar

...Respondents/Respondents/Defendants

Prayer :- The second Appeal filed under Section 100 of the Code of Civil Procedure, to allow the above second appeal by setting aside the judgment and decree dated 05.08.2015 passed in A.S.No.75 of 2013 on the file of the Sub Court, Sivagangai, Sivagangai District thereby confirming the judgment and decree dated 21.03.2013 passed in O.S.No.45 of 2010 on the file of the District Munsif Cum Judicial Magistrate Court, Illayankudi, Sivagangai District. For Appellant : No appearance For R2 : Mr.P.Muthusamy For R3 : Mr.S.Jabakumar

JUDGMENT

When the matter was taken up for hearing on 15.03.2022, the learned counsel for the appellant submitted that the sole appellant passed away. Therefore, this Court adjourned the matter to 31.03.2022 to implead the legal heirs of the deceased sole appellant. Thereafter, the matter was listed on 01.04.2022. On that date, none appeared on behalf of the appellant and steps have not been taken. Hence, the matter was adjourned for a period of two weeks.

2.Today, when the matter is taken up for hearing, there is no representation on behalf of the appellant and to-date steps have not been taken to bring on record the legal heirs of the deceased sole appellant.

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

Sd/- Assistant Registrar (Cs-III) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.605 of 2016 To 1.The Subordinate Court, Sivagangai, Sivagangai District.

2.The District Munsif Cum Judicial Magistrate , Illayankudi, Sivagangai District.

Copy to The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai S.A(MD)No.605 of 2016 Dated: 22.04.2022 CK(CO) KB(16.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2