Sivakumar Boopathi vs Palani Naicker
2022 Latest Caselaw 15385 Mad

                                                                                  S.A.No.633 of 2004




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated: 15.09.2022

                                                        CORAM:

                        THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                                    S.A.No.633 of 2004


                     Sivakumar Boopathi                                            .. Appellant

                                                         Versus

                     Palani Naicker                                              .. Respondent


                                   Second Appeal is filed under Section 100 of Civil Procedure
                     Code against the judgment and decree dated 19.04.2002 passed in
                     A.S.No.7 of 2002 on the file of the IV Additional District Judge, Erode at
                     Bhavani (Fast Track Court No.IV, Bhavani), confirming the judgment
                     and decree dated 29.09.2000 passed in O.S.No.771 of 1992 on the file of
                     the II Additional District Munsif, Bhavani.


                                   For Appellant      : Mr.F.Deepak

                                   For Respondent     : No appearance




https://www.mhc.tn.gov.in/judis
                     1/4
                                                                                    S.A.No.633 of 2004




                                                     JUDGMENT

The learned counsel appearing for the appellant submitted that

the sole respondent in the present second Appeal passed away long back

in the year 2006. However, no particulars relating to death certificate of

the deceased, details of the legal heirs of the deceased, etc. were not

furnished so as to file a petition to implead the legal heirs of the deceased

respondent. Therefore, the learned counsel is unable to proceed with the

case. To that effect, a memo dated 13.06.2022 has been filed.

2.Recording the submissions and the memo so filed by the

learned counsel for the appellant, this second appeal is dismissed as

abated. No costs.

15.09.2022

Index : Yes/No Internet: Yes/No

av

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

S.A.No.633 of 2004

To

1. The IV Additional District Judge, (Fast Track Court No.IV), Erode, Bhavani

2. The II Additional District Munsif, Bhavani.

3. The Section Officer, V.R. Section, High Court of Madras, Chennai 600 104.

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

S.A.No.633 of 2004

KRISHNAN RAMASAMY J.,

av

S.A.No.633 of 2004

15.09.2022

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