This is an abatement order where the second appeal was dismissed because the appellant died before the judgment was delivered, rendering the suit abated by law.
The appeal was dismissed as abated without any order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.S.A.(MD)No.20 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.11.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.S.A.(MD)No.20 of 2013
N.Shanmugasundharam ... Appellant
Vs.
Usharani ... Respondent
PRAYER: Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marraige Act read with Section 100 C.P.C, to set aside the order dated 30.11.2012 passed in C.M.A.No.35 of 2010 on the file of Principal District Judge, Dindigul, confirming the order and decretal order dated 30.07.2010 passed in H.M.O.P.No.186 of 2007 on the file of the Principal Subordinate Judge, Dindigul.
For Appellant : Mr.D.Malaichamy For Respondent : No appearance
C.M.S.A.(MD)No.20 of 2013
JUDGMENT
When the matter is taken up for hearing today i.e., on 03.11.2023, the learned Counsel appearing for the appellant has submitted that the appellant has passed away on 01.01.2023.
2.In view of the same, this Civil Miscellaneous Second Appeal is
dismissed as abated. There shall be no order as to costs.
03.11.2023
NCC : Yes / No Index : Yes / No Internet : Yes Sml
C.M.S.A.(MD)No.20 of 2013
To
Copy to
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
C.M.S.A.(MD)No.20 of 2013
L.VICTORIA GOWRI, J.,
Sml
C.M.S.A.(MD)No.20 of 2013
03.11.2023
N.Shanmugasundharam
Usharani
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
L.VICTORIA GOWRI
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