K.D.Udayar Ambalam vs V.Periannan Ambalam
2023 Latest Caselaw 6976 Mad

                                                                               S.A.Nos.1596 & 1597 of 1993



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 23.06.2023

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                               S.A.Nos.1596 and 1597 of 1993


                     In S.A.No.1596 of 1993,


                     1.K.D.Udayar Ambalam
                     2.K.P.Somasundaram Ambalam                                   ...Appellants
                                                        vs.
                     V.Periannan Ambalam                                          ...Respondent


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 11.09.1992 in A.S.No.
                     48 of 1990 on the file of the Subordinate Court, Devakottai reversing the
                     Judgment and Decree dated 09.10.1990 in O.S.No.1 of 1987 on the file
                     of the District Munsif Court, Devakottai.


                                  For Appellants        :     No appearance

                                  For Respondent        :     Mr.K.P.Thiagarajan




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                                                                             S.A.Nos.1596 & 1597 of 1993



                     In SA.No.1597 of 1993,


                     1.K.T.Udayar Ambalam
                     2.K.Somasundaram Ambalam                           ...Appellants
                                                       vs.
                     P.R.Senthilnathan                                  ...Respondent


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 11.09.1992 in A.S.No.
                     49 of 1990 on the file of the Subordinate Court, Devakottai reversing the
                     Judgment and Decree dated 09.10.1990 in O.S.No.2 of 1987 on the file
                     of the District Munsif Court, Devakottai.


                                  For Appellants       :     No appearance

                                  For Respondent       :     Mr.K.P.Thiagarajan


                                                   COMMON JUDGMENT



                                  When the matters came up on 20.06.2023, there was no

                     representation for the appellants. Therefore, it was ordered to be listed

                     today. It was made clear that no further time will be granted.




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                                                                                  S.A.Nos.1596 & 1597 of 1993



                                  2. When the matters are taken up for hearing today, the learned

                     counsel appearing for the sole respondent would submit that the sole

                     respondent in both the appeals died long before.



                                  3. So far, the appellants have not taken any step to bring on record

                     the legal representatives of the deceased sole respondent in both the

                     appeals. Moreover, they have not taken any step to appear before this

                     Court and prosecute the appeal. Once the sole respondent died, if steps

                     have not been taken within 90 days, the appeals get abated automatically.



                                  4. In view of the above, the Second Appeals are dismissed as

                     abated. No costs.



                                                                                             23.06.2023

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

                     mbi




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                                                                S.A.Nos.1596 & 1597 of 1993



                     To

                     1.The Subordinate Court, Devakottai.

                     2.The District Munsif Court, Devakottai.

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




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                                              S.A.Nos.1596 & 1597 of 1993



                                            P.VELMURUGAN, J.

mbi

S.A.Nos.1596 and 1597 of 1993

23.06.2023

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