The Madras High Court, Madurai Bench, dismissed a Civil Miscellaneous Second Appeal presented by the appellant, who was dead at the time of hearing, as abated. The court held that the appeal could not proceed in the absence of the appellant.
The Civil Miscellaneous Second Appeal is dismissed as abated as against the appellant. No order as to costs.
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C.M.S.A.(MD).No.44 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 06.12.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.S.A.(MD)No.44 of 2016
R.Krishnamoorthy ... Appellant
Vs.
Sangeetha ... Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 28 of Hindu Marriage Act r/w. Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 04.07.2016 passed in C.M.A.No.27 of 2011 by the learned Principal District Judge, Karur by confirming the judgment and decree of the learned Principal Subordinate Judge, Karur passed in H.M.O.P.No.75 of 2005 dated 28.10.2011.
For Appellant : Mr.S.Vijayashanthi For Respondent : Mr.R.Mathilagan
JUDGMENT
When the case was called up for hearing today, the learned counsel appearing for the appellant represented that the appellant is passed away.
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C.M.S.A.(MD).No.44 of 2016
Mrn
L.VICTORIA GOWRI, J.
2.In view of the above, the Civil Miscellaneous Second Appeal is
dismissed as abated as against the appellant. There shall be no order as to costs.
06.12.2023
NCC : Yes / No Index : Yes / No Internet : Yes Mrn
To
1.The Principal District Judge, Karur.
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
C.M.S.A.(MD)No.44 of 2016
06.12.2023
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R. Krishnamoorthy
Sangeetha
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
