The Second Appeal filed under Section 100 of the Code of Civil Procedure was dismissed as abated because the appellant had died prior to the trial of the appeal. No costs were awarded.
dismissed
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S.A(MD).No.158 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2022
CORAM:
THE HONOURABLE MR. JUSTICE N.SESHASAYEE S.A(MD).No.158 of 2011
S.Govindaraj .... Appellant/ Respondent/Defendant Vs.
R.Meenakshiammal ... Respondent/Appellant/ Plaintiff
Prayer : Second Appeal filed under Section 100 of Code of Civil Procedure, to call for the records and set aside judgment and decree dated 08.07.2008 in A.S.No.27 of 2006 on the file of the Principal District Judge, Dindigul modifying the judgment and decree dated 31.08.2006 in O.S.No.281 of 2003 on the file of the Principal Subordinate Judge, Dindigul and allow this second appeal with costs throughout.
For Appellant : Mr.H.Lakshmi Shankar For Respondent : No appearance
JUDGMENT
The appellant is stated to have died. Mr.H.Lakshmi Shankar, learned counsel on record for the appellant, made a statement that the appellant had died even in the year 2018 and that he sent a notice on 14.12.2018 through Registered Post and it was returned with the postal endorsement that the appellant had died.
2.The said statement is recorded. Since no steps are taken, the Second Appeal is dismissed as abated. No costs.
Assistant Registrar (CS I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
To
1.The Principal District Judge, Dindigul.
https://hcservices.ecourts.gov.in/hcservices/ 2.The Principal Subordinate Judge, Dindigul.
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S.A(MD).No.158 of 2011
Copy to: The Section Officer,V.R. Section, Madurai Bench of Madras High Court,Madurai.
S.A(MD).No.158 of 2011
MGJ(15.06.2022) 2P 5C
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Govindaraj
Meenakshiammal
N. Seshasayee
As recorded by the court registry
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