This is a civil second appeal where counsel submitted the appellant died, causing the appeal to abate. The High Court dismissed the appeal citing abatement and closed connected petitions.
Second Appeal dismissed as abated. Connected miscellaneous petitions closed. No costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
C.M.S.A.No.2 of 2009
M.P.Nos.1 & 2 of 2009
D.Sivasubramanian ... Appellant/Ist Respondent/Ist Respondent /Petitioner /Decree Holder/ Plaintiff vs. 1.C.Musha Harshanth 2.K.T.Mohammed Shaji ...Respondents/Appellants/ Claimants 2 & 3/3rd Parties/ 3rd Parties
PRAYER : Civil Miscellaneous Second Appeal filed under Order 21 Rule 58 r/w under Section 100 of C.P.C, against the judgment and decree passed in A.S.No.104 of 2005 on the file of the Principal District Court, Coimbatore dated 29.08.2007 reversing the order passing in E.A.No.39 of 2003 in E.P.No.27 of 2002 in O.S.No.77 of 2001 on the file of the Sub-Court, Pollachi dated 07.07.2005.
For Appellant : Mr.Gopalakrishnan
For Respondents: Mr.K.A.Basheer Ahamed
The learned counsel appearing on behalf of the appellant made a submission that the appellant died. Therefore, the learned counsel contended that the appeal gets abated. Thus,
the Civil Miscellaneous Second Appeal stands dismissed as abated. No costs. Consequently, connected miscellaneous petitions are also closed.
Sd/Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
ssb
To
1. The Principal District Judge,
Coimbatore.
2. The Sub Judge,
Pollachi.
C.M.S.A.No.2 of 2009
pvs[co]
srg 16/03/2021
D.Sivasubramanian
C.Musha Harshanth
K.T.Mohammed Shaji
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
