R.Pandarinathan vs Somasundaram
2021 Latest Caselaw 13853 Mad

                                                                                    S.A.No.853 of 2003


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 12.07.2021

                                                          CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                     S.A.No.853 of 2003
                                                            and
                                                    CMP No.7861 of 2003

                     R.Pandarinathan                                       ...    Appellant

                                                              vs.

                     1.Somasundaram
                     2.Shanmugham
                     3.Vijayalakshmi
                     4.Senbagavalli
                     5.Swarnalatha                                          ...   Respondents

                     Prayer: Second Appeal filed under Section 100 of C.P.C., against the

                     decree and judgment of the Subordinate Judges Court, Thiruvarur passed

                     in A.S.No.19 of 2000 dated 17.10.2000 reversing the decree and judgment

                     of the District Munsif Court, Thiruthuraipoondi passed in O.S.No.100 of

                     1996 dated 30.11.1999

                                    For Appellant         :     Mr.Sabarish
                                                                for Mr.S.K.Rakhunathan
                                    For Respondents       :     Mr.C.Palani for R1, R2, R4 & R5
                                                                      – No appearance
                                                                Not ready in notice reg.R3


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                                                                                      S.A.No.853 of 2003



                                                      JUDGMENT

(Heard video conference)

The matter is listed under the caption "for dismissal", today.

The learned counsel for the appellant submits that the sole appellant

is dead. Registry has also informed this Court that the application filed by

the learned counsel for the appellant to bring on record the Legal

Representatives of the deceased sole appellant was returned by the

Registry as early as in the year 2019 itself. Admittedly, the said

application has not been re-presented by the appellant. It can inferred that

the appellant is not interested to prosecute the Second Appeal.

Accordingly, the Second Appeal is dismissed as abated. No costs.

Consequently, connected miscellaneous petition is closed.

12.07.2021

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

To

1.The Subordinate Judges Court, Thiruvarur.

2.The District Munsif Court, Thiruthuraipoondi.

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

S.A.No.853 of 2003

ABDUL QUDDHOSE, J.

vsi2

S.A.No.853 of 2003

12.07.2021

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