Kamalu @ Palaniappan vs R.Venkatachalam
2023 Latest Caselaw 6749 Mad

                                                                                   S.A.No.267 of 2004



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 21.06.2023

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                 S.A.No.267 of 2004 &
                                       C.M.P(MD)Nos.6237, 6239 and 6241 of 2019 &
                                                C.M.P.No.1189 of 2004

                     Kamalu @ Palaniappan                                ...Appellant
                                                             vs.

                     1.R.Venkatachalam
                     2.Rengasamy Aiyangar
                     3.Ramasamy Aiyangar
                     4.Krishnamurthy                                     ... Respondents


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 07.06.2004 in A.S.No.
                     7 of 2004 on the file of the Sub Court, Karur reversing the Judgment and
                     Decree dated 17.10.2003 in O.S.No.30 of 1994 on the file of the District
                     Munsif Court, Karur.


                                  For Appellant         :      No appearance

                                  For Respondents       :      No appearance



                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                       S.A.No.267 of 2004




                                                         JUDGMENT

The sole appellant died long back. So far, no steps have been

taken to bring on record the legal representatives of the deceased sole

appellant. Once the sole appellant died, if steps have not been taken

within 90 days, the appeal gets abated automatically.

2. In view of the above, the Second Appeal is dismissed as abated.

No costs. Consequently, the connected C.M.P.No.1189 of 2004 is closed.

3. C.M.P(MD)Nos.6237, 6239 and 6241 of 2019 are filed to

condone the delay, set aside the abatement and bring on record the

petitioners in the CMPs as legal representatives of the deceased 1st

respondent. The sole appellant who is the contesting respondent in the

CMPs died. So far, steps have not been taken. Therefore,

C.M.P(MD)Nos.6237, 6239 and 6241 of 2019 are dismissed as abated.

21.06.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

https://www.mhc.tn.gov.in/judis S.A.No.267 of 2004

To

1.The Sub Court, Karur

2.The District Munsif Court, Karur

3.The Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.No.267 of 2004

P.VELMURUGAN, J.

mbi

S.A.No.267 of 2004

21.06.2023

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