The Madurai Bench of Madras High Court dismissed the first appeal and consequently connected miscellaneous petition as abated due to the death of the sole appellant without proper legal representation.
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A.S(MD)No.648 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2022 CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
A.S(MD)No.648 of 2011 and M.P(MD)No.2 of 2011
M.Mani Mohanraj
:Appellant/Plaintiff
.vs.
1.Mary Pushpam
2.Samson Prabhakaran
3.Juliya Prabhavathi Palaniappan
4.Salami Chitravathi
5.H.Yasmin Sulthan Begam
6.M.Mekthar Fathima :Respondents/Defendants
PRAYER: First Appeal filed under Section 96 of the Civil Procedure Code against the judgment and decree made in O.S.No.46 of 2008, dated 3.12.2010, on the file of Additional Sessions Court-cum-Fast Track Court, Dindigul.
For Appellant :Mr.Pala Ramasamy
For Respondents :Mr.I.Suthakaran 1 to 4
For Respondents :Mr.D.Kader Batcha 5 and 6
JUDGMENT
*************
The matter is listed today for arguments with an endorsement stating that no further time will be given. The learned counsel for the appellant reports that the sole appellant died and the learned counsel is not in a position to say as to when the appellant died. Since the sole appellant died, unless the learned counsel gets instruction from the legal representatives of the deceased sole appellant, he has no locus-standi to represent the appeal suit, till gets vakalath from the legal representatives of the appellant. https://hcservices.ecourts.gov.in/hcservices/
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A.S(MD)No.648 of 2011
2.In view of the above, the appeal suit is dismissed as abated. No costs. Consequently connected Miscellaneous Petition is dismissed.
Sd/-
Assistant Registrar (CS II)
// True Copy //
/07/2022 Sub Assistant Registrar(CS)
vsn
To 1.The Judge, Additional Sessions Court-cumFast Track Court, Dindigul. 2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1 CC to M/s.K. SEKAR, Advocate ( SR-28361[F] dated 28/06/2022 )
JUDGMENT MADE IN A.S(MD)No.648 of 2011 and M.P(MD)No.2 of 2011 24.06.2022
SS/06/07/2022/ 2P 5C
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M. Mani Mohanraj
Mary Pushpam
Samson Prabhakaran
Juliya Prabhavathi Palaniappan
Salami Chitravathi
H. Yasmin Sulthan Begam
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
