Madras High CourtSA/66/2002dismissed for default

Manoharan v. Karuppasamy

2024-12-12Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Manoharan ...Plaintiff/Appellant/Appellant -Vs1.Karuppasamy 2.Lakshmi Ammal ...Defendants/Respondents/Respondents Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree of the lower appellate Court made in A.S.No. 92 of 1998, dated 13.12.2000 on the file of the Principal Sub Court, Tirunelveli confirming the judgment and decree passed in O.S.No.655 of 1993, dated 19.12.1997 on the file of the Principal District Munsif Court, Tirunelveli. For Appellant : Mr.A.Sankarasubramanian For Respondents : Mr.S.Kumar for R1 No appearance for R2 * * * * *

JUDGMENT

This Second Appeal has been filed against the judgment and decree of the lower appellate Court made in A.S.No.92 of 1998, dated 13.12.2000 on the file of the Principal Sub Court, Tirunelveli confirming the judgment and decree passed in O.S.No.655 of 1993, dated 19.12.1997 on the file of the Principal District Munsif Court, Tirunelveli.

2.When the matter was taken up for hearing, the learned counsel appearing for the respondent submitted that the sole appellant died and R1 also died on 23.12.2015 and steps have not been taken within the period of limitation as stipulated. He has also filed Memo to the said effect.

3. Recording the above said Memo, this Second Appeal is dismissed as abated. No costs.

12.12.2024 1/2 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

V.SIVAGNANAM. J, RJR To 1.The Principal Sub Court, Tirunelveli.

2.The Principal District Munsif Court, Tirunelveli. 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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