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Madras High CourtSA(MD)/50/2004dismissed as abated

P.Vaithilingkam v. M.S.Rajendran

2024-08-07Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P.No.96 of 2004 P.Vaithilingam ... Defendant/Appellant/ Appellant .vs.

M.S.Rajendran ... Plaintiff/Respondent/ Respondent PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 11.02.2004 in Appeal Suit No. 267 of 2003, on the file of the I Additional District Judge (P.C.R), Trichirappalli and the decree and judgment dated 28.07.2003 in O.S.No. 1030/1995, on the file of the II Additional Sub-Court, Trichirappalli.

For Appellant : Mr.M.V.Venkatasesan For Respondent : Mr.K.Prabhakar

J U D G M E N T

When the matter is taken up for hearing today, the learned counsel appearing for the appellant would submit that the sole appellant P.Vaithilingam died on 23.05.2011 and no one has given any instructions to proceed further in this matter.

2. In view of the above, this second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No Speaking Order : Yes / No 07.08.2024 am

To 1.I Additional District Judge (P.C.R), Trichirappalli.

2.The II Additional Sub-Court, Trichirappalli.

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

V.BHAVANI SUBBAROYAN, J.

am 07.08.2024