The High Court dismissed the second appeal for default because the sole appellant was deceased and his daughter declined to pursue the appeal further. No costs were awarded. Connected miscellaneous petition was also closed.
Second appeal and connected miscellaneous petition dismissed for default; no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.12.2018
Coram:
The Honourable Dr.Justice G.JAYACHANDRAN
Second Appeal No.1171 of 2004 & C.M.P.No.9262 of 2004
Kavundiappan Gounder, S/o.Perumal Gounder, Perumalpalayam, Elavamalai Village & Panchayat Erode Taluk and District. ... Appellant/Defendant Vs.
M.Ramasamy, S/o.Muthu Pandithar, No.9/4, Perumal Palayam, Elavamalai village, Erode Taluk and District ... Respondent/Plaintiff
PRAYER: This Second Appeal is filed under Section 100 of Civil Procedure Code, praying against the judgment and decree dated 30.09.1997 made in A.S.No.239/1996 passed by the Principal District Judge, Periyar District at Erode, confirming the judgment and decree dated 03.07.1996 made in O.S.No.1043 of 1991 on the file of the Principal District Munsif Court, Erode, partly decreeing the suit.
For Appellant : Mr.C.Kulanthaivel For Respondent : Ms.P.T.Ramadevi
The learned counsel for the appellant would submit that the sole appellant died and the daughter of the deceased appellant is not interested to peruse the appeal further.
Assistant Registrar
//True Copy//
Sub Assistant Registrar
bsm
To
G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
