Madras High CourtSA(MD)/219/2017dismissed as abated

Natarajan v. Palaniyammal

2023-06-07Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.(MD)Nos.219 and 220 of 2017 In S.A(MD)No.219 of 2017:

Natarajan .... Appellant/Appellant/2nd Plaintiff Vs.

1.Palaniyammal 2.Devadoss ... Respondents/Respondents/Defendants Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree passed in A.S.No.188 of 2012 on the file of the II Additional Subordinate Judge, Trichirappalli, dated 20.02.2013 confirming the judgment and decree passed by the Principal District Munsif Cum Judicial Magistrate, Lalgudi in O.S. No.1320 of 1995 dated 01.11.2011.

For Appellant : Mr.M.Siddharthan For R2 : Mr.K.S.Vamsidhar For R1 : No appearance In S.A(MD)No.220 of 2017:

M.Natarajan .... Appellant/Appellant/Defendant Vs.

Devadoss ... Respondent/Respondent/Plaintiff 1/4

Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree passed in A.S.No.191 of 2012 on the file of the II Additional Subordinate Judge, Trichirappalli, dated 20.02.2013 confirming the judgment and decree passed by the Principal District Munsif Cum Judicial Magistrate, Lalgudi in O.S. No.5 of 2003 dated 01.11.2011.

For Appellant : Mr.M.Siddharthan For Respondent : Mr.K.S.Vamsidhar C O M M O N J U D G M E N T On the last hearing date i.e on 06.04.2023, this Court made it clear that if steps are not taken to bring on record the legal representatives of the deceased appellant before the next hearing date, these Second Appeals shall stand automatically dismissed as abated. Till date, legal heirs of the deceased appellant have not been brought on record.

2. Since steps have not been taken to bring on record the legal heirs of the deceased appellant, as directed by this Court in its earlier order dated 06.04.2023, these Second Appeals are dismissed as abated. No costs. 07.06.2023 Index : Yes/No Internet: Yes/No CM 2/4

To 1.The II Additional Subordinate Judge, Trichirappalli

2. The District Munsif Cum Judicial Magistrate, Lalgudi 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4

ABDUL QUDDHOSE, J.

CM S.A.(MD)Nos.219 and 220 of 2017 07.06.2023 4/4