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Madras High CourtSA/945/2004abated

M/S.R. Lakshmipathy v. M/S.Prof.S.Ramachandran

2023-08-28Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.08.2023

CORAM

THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY 1.R.Lakshmipathy 2.R.Krishnamurthy ... Defendants/Respondents/ Appellants in both S.As -vsProf.S.Ramachandran ... Plaintiff/Appellant/Respondent in both S.As COMMON PRAYER: Second Appeals filed under Section 100 Code of Civil Procedure, against the Judgment and Decree, made in A.S.Nos.101 and 102 of 2001 dated 31.01.2003 by the II Additional District Judge, which was filed against the judgment and decree in O.S.No.67 of 1990 dated 19.12.2000 by the First Additional Subordinate Judge, Tirunelveli. For Appellants ... Mr.S.Elambharathi in both S.As For Respondent ... No appearance in both S.As 1/4

COMMONJUDGMENT When the matters are taken up for hearing today, it is represented that the respondent in S.A.Nos.945 and 946 of 2004 passed away on 20.11.2018. To that effect, the learned counsel appearing for the respondent filed a memo, dated 03.06.2019. Even after the said memo was received by the learned counsel for the appellants on 04.06.2019, no steps have been taken to implead the legal representatives of the deceased respondent.

2.In view of the above, these Second Appeals are dismissed as abated. No costs.

28.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes Ns 2/4

To:

1.The II Additional District Judge, Tirunelveli.

2.The First Additional Subordinate Judge, Tirunelveli.

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

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KRISHNAN RAMASAMY, J.

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