Rooban vs Natarajan
2022 Latest Caselaw 17201 Mad

                                                                             S.A.(MD) Nos.284 & 285 of 2016



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 02.11.2022

                                       CORAM : JUSTICE N.SESHASAYEE

                                          S.A.(MD) Nos.284 & 285 of 2016
                                                       and
                                        C.M.P.(MD) Nos.3574 & 3575 of 2016

                     S.A.(MD) No.284 of 2016:

                     Rooban                                          ... Appellant/Appellant/
                                                                         Plaintiff

                                                          Vs

                     Natarajan                                       ... Respondent/Respondent/
                                                                         Defendant


                     Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside

                     the judgment and decree dated 18.09.2006 made in A.S.No.91 of 2006 on

                     the file of the Principal Sub-Court, Tirunelveli, confirming the judgment

                     and decree dated 31.10.2005 made in O.S.No.207 of 2003 on the file of the

                     Principal District Munsif's Court, Valliyoor.




                     _________
                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                             S.A.(MD) Nos.284 & 285 of 2016



                     S.A.(MD) No.285 of 2016:

                     Rooban                                          ... Appellant/Appellant/
                                                                         Defendant

                                                          Vs

                     Natarajan                                       ... Respondent/Respondent/
                                                                         Plaintiff


                     Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside

                     the judgment and decree dated 18.09.2006 made in A.S.No.92 of 2006 on

                     the file of the Principal Sub-Court, Tirunelveli, confirming the judgment

                     and decree dated 31.10.2005 made in O.S.No.255 of 2004 on the file of the

                     Principal District Munsif's Court, Valliyoor.


                                   For Appellant     :     Mr.D.Nallathambi
                                   (In both Appeals)

                                   For Respondent :        No appearance
                                   (In both Appeals)


                                               COMMON JUDGMENT


                     These appeals are listed today under the caption 'notice section default

                     cases'.

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                     Page 2 of 4



https://www.mhc.tn.gov.in/judis
                                                                             S.A.(MD) Nos.284 & 285 of 2016



                     2. Today when the matter is taken up for hearing, it is informed that the sole

                     respondent has died on 30.05.2020. The sole respondent is stated to have

                     died as early as on 30.05.2020, and till date the appellant has not taken steps

                     to bring on record the LRs of the deceased respondent which shows that the

                     appellant is not interested in prosecuting the appeals. Hence, this Court is

                     inclined to dismiss the appeals as abated.           Accordingly, these Second

                     Appeals are dismissed as abated.         No costs.     Consequently, connected

                     miscellaneous petitions are dismissed.



                                                                                  02.11.2022
                     Internet:Yes
                     Index:Yes/No

                     abr

                     To

                     1.The Principal Sub Judge,
                       Tirunelveli.

                     2.The Principal District Munsif,
                       Valliyoor.

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

                     _________
                     Page 3 of 4



https://www.mhc.tn.gov.in/judis
                                                S.A.(MD) Nos.284 & 285 of 2016



                                                   N.SESHASAYEE, J.

abr

S.A.(MD) Nos.284 & 285 of 2016 and C.M.P.(MD) Nos.3574 & 3575 of 2016

02.11.2022

_________

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