Madras High CourtSA(MD)/198/2013dismissed as abated

Chinnathai, v. Ayyavu Thevar (Died)

2018-06-13Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR S.A.(MD)No.198 of 2013 and M.P.(MD)No.1 of 2013 Chinnathai ... Appellant/Appellant/Defendant -Vs1.Ayyavu Thevar (Died) 2.Otchammal 3.Singam 4.Pavun 5.Selvan 6.Thavakani 7.Jeyakodi 8.Rajakani 9.Deivakani (R6 to R9 are brought on record as Lrs of the deceased R1 vide common order dated 06.03.2013 & made in M.P.(MD)No.1 of 2012 & M.P.(MD)No.1 of 2013 in S.A.(MD)No.SR 50470/12) ... Respondents/Respondents/ Plaintiffs PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 30.09.2009 made in A.S.NO.15 of 2009 on the file of the Sub-Court, Uthamapalayam, confirming the judgment and decree dated 17.10.2006 made in O.S.No.320 of 2005 on the file of the District Munsif, Uthamapalayam.

For Appellant : Mr.S.Kadarkarai For R2 to R9 : No appearance

JUDGMENT

The learned counsel for the appellant states that the sole appellant in this appeal died long back and that he could not get instruction for impleading the legal representatives of the deceased sole appellant.

https://hcservices.ecourts.gov.in/hcservices/ 2.In view of the fact that the appeal itself is abated,

this Court has no other option but to dismiss this appeal as abated. Accordingly, this second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The District Munsif, Uthamapalayam.

2. The Subordinate Judge, Uthamapalayam.

3. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC TO Mr.V.KARTHIKEYAN, ADVOCATE IN SR No. 68024 RMI TE/JC/SAR-2 : 22/06/2018 : 2P/6C Judgment made in S.A.(MD)No.198 of 2013 and M.P.(MD)No.1 of 2013 13.06.2018 https://hcservices.ecourts.gov.in/hcservices/