N.Damodaran vs M.Chandran
2023 Latest Caselaw 1160 Mad

                                                                                        S.A.No.265 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated : 30.01.2023

                                                           CORAM

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                     S.A.No.265 of 2020
                                                            and
                                                    C.M.P.No. 62 of 2023
                     N.Damodaran                               ....           Appellant
                                                              Vs
                     1. M.Chandran
                     2. Rajesh Kumar Jain            ....        Respondents
                     Prayer :- This Second Appeal is filed under Section 100 of Civil
                     Procedure Code against the Judgment and Decree dated 31.07.2019
                     made in A.S.No.5 of 2017 on the file of the Subordinate Judge,
                     Arakkonam, by reversing the Judgment and Decree dated 19.12.2016
                     made in O.S.No.107 of 2013 on the file of the District Munsif,
                     Arakkonam.
                                              For Appellant        : No appearance
                                              For R1               : Mr.R.Vijayakumar

                                                        JUDGMENT

This Second Appeal is directed as against the Judgment and Decree

dated 31.07.2019 made in A.S.No.5 of 2017 on the file of the

Subordinate Judge, Arakkonam, by reversing the Judgment and Decree

dated 19.12.2016 made in O.S.No.107 of 2013 on the file of the District

Munsif, Arakkonam.

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

S.A.No.265 of 2020

2. It is seen from the records that the sole appellant died. Even

then the learned counsel for the appellant did not take any steps to

implead the legal heirs of the deceased sole appellant.

3. Therefore, the Second Appeal is dismissed as abated.

However, the legal representatives of the deceased sole appellant are at

liberty to approach this Court by way of appropriate petition to implead

themselves at loss of dismissal. Consequently, connected miscellaneous

petition is closed. No costs.

30.01.2023 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order Lpp

To

1.The Subordinate Judge, Arakkonam.

2.The District Munsif, Arakkonam.

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

S.A.No.265 of 2020

G.K.ILANTHIRAIYAN, J.

Lpp

S.A.No.265 of 2022 and C.M.P.No. 62 of 2023

30.01.2023

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