R.Palavesam v. Subbalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY S.A.(MD)No.327 of 2011 and M.P.(MD)No.1 of 2011 R.Palavesam ..Appellant/Respondent/Defendant Vs.

Subbalakshmi ..Respondent/Appellant/Plaintiff Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree, dated 28.09.2010 in A.S.No.11 of 2010, on the file of the Subordinate Court, Sankarankovil, by reversing the Judgment and Decree, dated 30.10.2009 in O.S.No.138 of 2008, on the file of the Principal District Munsif Court, Sankarankovil.

For Appellant : Mr.F.X.Eugene For Respondent : Mr.D.Nallathambi * * * * *

JUDGMENT

The learned Counsel appearing for the appellant submitted that though the sole appellant had died long ago, no steps have been taken so far to bring on record the legal representatives of the deceased sole appellant. Further Mr.F.X.Eugene, learned Counsel appearing for the appellant submitted that he also sent a registered letter to the appellant and it was also returned unserved with an endorsement that the appellant had died.

2. Since no steps have been taken to bring on record the legal representatives of the deceased sole appellant, this Second Appeal stands dismissed as abated. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To

1. The Subordinate Court, Sankarankovil.

https://hcservices.ecourts.gov.in/hcservices/

2. The Principal District Munsif Court, Sankarankovil.

Copy to : The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.D.Nallathambi, Advocate in SR.716 S.A.(MD)No.327 of 2011 and M.P.(MD)No.1 of 2011 04.01.2017 ssl PBK/EM-JMP 19/01/2017 ::2P-5C:

https://hcservices.ecourts.gov.in/hcservices/