R. Sengodan vs K.C. Periasamy
2021 Latest Caselaw 13037 Mad

                                                                       S.A. Nos.1270 and 1271 of 2007

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 02.07.2021

                                                      CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                            S.A. Nos.1270 and 1271 of 2007
                                                         and
                                                  M.P. No.1 of 2007

                     1. R. Sengodan
                     2. Kamalasekaran                            ...   Appellants
                                                                       in
                                                                       S.A. No.1270 of 2007

                     R. Sengodan                                 ...   Appellant
                                                                       in
                                                                       S.A. No.1271 of 2007
                                                      Versus

                     1. K.C. Periasamy
                     2. Kulandaivelu                                   ...   Respondents
                                                                 in S.A. No.1270 of 2007

                     1. Kolandaivelu
                     2. M.Chinnasamy                                   ...   Respondents
                                                                 in S.A. No.1271 of 2007

                     Prayer in S.A. No.1270 of 2007 : Second Appeal filed under Section
                     100 of Civil Procedure Code against the Judgment and Decree of the
                     learned Subordinate Judge, Namakkal in A.S. No.149 of 2002, dated
                     27.09.2006 reversing the judgment and decree of the learned District
                     Munsif at Tiruchengode in O.S. No.379 of 1991 , dated 28.06.1999.




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                                                                           S.A. Nos.1270 and 1271 of 2007

                     Prayer in S.A. No.1270 of 2007 : Second Appeal filed under Section
                     100 of Civil Procedure Code against the Judgment and Decree of the
                     learned Subordinate Judge, Namakkal in A.S. No.150 of 2002, dated
                     27.09.2006 reversing the judgment and decree of the learned District
                     Munsif of Tiruchengode in O.S. No.243 of 1991, dated 28.06.1999.



                               For Appellants in both appeals : Mr.S.Kaithamalai Kumaran

                               For R1 in SA No.1270 of 2007 : Died
                               For R2 in S.A. No.1270 of 2007: No appearance

                               For R1 in SA No.1271 of 2007 : No appearance
                               For R2 in SA No.1271 of 2007 : Died


                                                  COMMON JUDGMENT

                                                  (Heard Video Conference)



                               The learned counsel for the appellant(s) submits that the contesting

                     respondents in both Second Appeals are dead and these appeals may be

                     dismissed as abated.



                               2. Till date, steps have not been taken to bring on record the Legal

                     Representatives for the deceased respondents in both Second Appeals.



                               3. Recording the submission made by the learned counsel for the

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                                                                      S.A. Nos.1270 and 1271 of 2007

                     appellants, both these Second Appeals are dismissed for non prosecution.

                     No costs. Consequently, connected miscellaneous petition is closed.



                                                                                     02.07.2021

                     Index: Yes/No
                     Internet: Yes/No
                     Speaking Order/Non-Speaking Order
                     vsi2




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                                                                  S.A. Nos.1270 and 1271 of 2007



                                                               ABDUL QUDDHOSE, J.

vsi2

To

1. The Subordinate Judge, Namakkal

2. The District Munsif Tiruchengode.

S.A. Nos.1270 and 1271 of 2007

02.07.2021

https://www.mhc.tn.gov.in/judis/