Jayachandran vs Govindasamy
2021 Latest Caselaw 12072 Mad

                                                                             S.A.No.731 of 2008

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 21.06.2021
                                                        CORAM:
                                      THE HONOURABLE MS.JUSTICE P.T.ASHA
                                                 S.A.No.731 of 2008
                     Jayachandran
                                                                           ... Appellant
                                                         versus
                     1. Govindasamy
                     2. Vijayathammal
                     3. Ramachandran
                                                                             ...Respondents

                           Second Appeal filed against the judgment and decree of the
                     Principal Sub Court, Mayiladuthurai dated 23.02.2006 made in
                     A.S.No.159/2005 confirming judgment and decree of District Munsif
                     Court, Sirkali dated 31.08.2005 made in O.S.No.76 of 2002.


                               For Appellant    : Mr. S. Southar

                               For Respondent   : R1 and R2- Died
                                                  R3- set aside ex parte



                                                      JUDGMENT

The learned counsel for the appellant would submit that

despite issuing several letters to the appellant, the appellant has

not turned up so as to enable the counsel to prepare necessary

application to bring on record the legal representative of the

deceased respondents 1 and 2, who are none other than the

https://www.mhc.tn.gov.in/judis/ S.A.No.731 of 2008

parents of the appellant. Besides the appellant and the 3rd

respondent, there are other legal representatives as well.

Therefore Second Appeal stands abated as against the

respondents 1 and 2. Third respondent remained ex parte.

2. Considering the fact that the suit is filed for bare

injunction and the legal representatives of the respondents 1 and

2 have not been brought on record, the Second Appeal stands

dismissed as abated. No costs.

21.06.2021 Index: Yes/no mrn

To

1. The Principal Sub Court, Mayiladuthurai

2. The District Munsif Court, Sirkali

https://www.mhc.tn.gov.in/judis/ S.A.No.731 of 2008

P.T.ASHA, J.

(mrn)

S.A.No.731 of 2008

21.06.2021

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