Madras High CourtSA/67/2002dismissed for default

S.Sankaranarayana Pillai v. Kuruppasamy

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 and C.M.P.No.326 of 2002 1.S.Sankaranarayana Pillai 2.Manoharan ...Plaintiffs/Appellants/Appellants -Vs1.Karuppasamy 2.Pon Srinivasan ...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.4 of 1999, dated 13.12.2000 on the file of the Principal Subordinate Judge, Tirunelveli confirming the judgment and decree passed in O.S.No.443 of 1993, dated 19.12.1997 on the file of the Principal District Munsif Court, Tirunelveli. For Appellants : 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.4 of 1999, dated 13.12.2000 on the file of the Principal Subordinate Judge, Tirunelveli confirming the judgment and decree passed in O.S.No.443 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 respondents submitted that the second 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. Consequently, connected civil miscellaneous petition is also closed.

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

V.SIVAGNANAM. J, RJR To 1.The learned Principal Subordinate Judge, 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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