This court dismissed a second appeal because the appellants resolved that the appellant died and no instructions were received from legal heirs, while the respondent's counsel noted the respondent died.
The Second Appeal is dismissed as abated. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.11.2018
Coram:
The Honourable Mr. Justice R. PONGIAPPAN
Second Appeal No.1297 of 2007
Shaik Dawood ...Appellant/Respondent/Plaintiff
Versus Abdul Rahman ...Respondent/Appellant/Defendant
PRAYER: The Second Appeal is filed against the Judgment and decree dated 27.10.2006 passed in A.S.No.357 of 2005 on the file of Additional District and Sessions Judge, Fast Track Court No.V, Chennai
reversing the Judgment and decree dated 08.02.2005 in O.S.No.2438 of 2001 on the file of XI Asst. City Civil Court, Chennai.
For Appeallant : Mr. Mohana Krishnan for Mr. H. Nazirudeen Mr. A. Prabhakaran For Respondent : Ms. S. Sasikala for Mr. V. Bhiman ORDER
The Second Appeal is filed against the Judgment and decree dated 27.10.2006 passed in A.S.No.357 of 2005 on the file of Additional District and Sessions Judge, Fast Track Court No.V, Chennai
reversing the Judgment and decree dated 08.02.2005 in O.S.No.2438 of 2001 on the file of XI Asst. City Civil Court, Chennai.
are present. The learned Counsel appearing for the appellant made an endorsement that the appellant died and no instructions have been received from the legal heirs of the appellant. In the mean time, the learned Counsel appearing for the respondent also made an endorsement to the effect that the sole respondent died on 13.12.2015 at Elayangudi, Sivagangai District.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
1.The Additional District and Sessions Judge,
Fast Track Court No.V, Chennai.
2.The XI Assistant Judge,
City Civil Court,
Chennai.
+1cc to Mr.V.Bhiman, Advocate, S.R.No.79344
+1cc to Mr.P.Haribabu, Advocate, S.R.No.79919
Second Appeal No.1297 of 2007
NMI(CO)
GSP(31/12/2018)
Shaik Dawood
Abdul Rahman
R. Pongiappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
