Chittal vs Ramu Ammal ...1St
2023 Latest Caselaw 11837 Mad

                                                                                  S.A(MD)No.892 of 2008


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 04.09.2023

                                                     CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                               S.A(MD)No.892 of 2008

                     Chittal                                     ... Appellant/1st Respondent/
                                                                           1st Respondent
                                                       Vs.

                     1.Ramu Ammal                                ...1st Respondent/Appellant/
                                                                           Plaintiff
                     (1st respondent represented by
                      power of attorney holder
                      M.Kannappan)
                      (Power of Attorney of the 1st respondent
                      is recognized vide court order
                      dated 26.04.2017 made in
                      C.M.P(MD)No.3867 of 2017 in
                      S.A(MD)No.892 of 2008)

                     2.Soonai Muthu
                       Rep. by its Guardian,
                       Arjunan
                       Melapongudi,
                       Keelapongudi Post,
                       Sivagangai Taluk,
                       Sivagangai District.                      ... 2nd Respondent/2nd Respondent/
                                                                           Defendant




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                   S.A(MD)No.892 of 2008




                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, to set aside and reverse the decree and judgment of the learned
                     Subordinate Judge, Sivaganga dated 12.07.2007 and made in A.S.No.47/06
                     and confirm the decree and judgment of the learned District Munsif's Court,
                     Sivaganga dated 28.11.2005 and made in O.S.No.26/2004 with cost of the
                     appellant/1st defendant throughout.


                                            For Appellant        : Mr.M.Mohana Sundaram
                                            For Respondents      : No appearance


                                                     JUDGMENT

The learned counsel appearing for the appellant submitted that the

he has given a change of vakalat and he has also filed the memo, wherein, it

has been stated that the appellant passed away. Once the sole appellant died,

if steps have not been taken within 90 days, the appeal will be abated

automatically.

https://www.mhc.tn.gov.in/judis S.A(MD)No.892 of 2008

2. In this case, till date no steps have been taken and hence, this

appeal is dismissed as abated. No costs.

Index : Yes / No Speaking Order : Yes / No 04.09.2023 am

To

1.The Sub-Court, Sivaganga.

2.The District Munsif Court, Sivaganga.

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

https://www.mhc.tn.gov.in/judis S.A(MD)No.892 of 2008

KRISHNAN RAMASAMY, J.

am

S.A(MD)No.892 of 2008

04.09.2023

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