Second appeal against concurrent decrees in a suit. Sole respondent died during pendency; appellant took no steps to bring legal heirs on record despite memo of death, so the appeal was dismissed as abated and the connected miscellaneous petition closed.
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S.A.No.386 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.02.2024
Coram:
THE HONOURABLE Mr. JUSTICE P.B.BALAJI
S.A.No.386 of 2018 & C.M.P.No.10882 of 2018
N.Ravindran.
... Appellant/Defendant
/versus/
V.Ramachandran,
.... Respondent/Plaintiff
Prayer: Second Appeal has been filed under Section 100 of C.P.C., to set aside the judgment and decree rendered in O.S.No.300 of 2006 dated 15.07.2015 on the file of the XVI Additional Judge, City Civil Court, Chennai, as confirmed in A.S.No.320 of 2015 dated 16.02.2018 on the file of the VI Additional Judge, City Civil Court, Chennai and thereby allow the present Second Appeal and dismiss the suit.
For Appellant : No appearance For Respondent : Mr.V.Chandrakanthan
https://www.mhc.tn.gov.in/judis ___________
Page No.1/3
J U D G M E N T
There is no representation for the appellant.
S.A.No.386 of 2018
2. Mr.V.Chandrakanthan, Learned Counsel for the respondent
represents that sole respondent has passed away on 23.02.2023 and he has filed a memo on 06.03.2023 after serving a copy to the Learned Counsel for the appellant. The said memo also discloses the details of the surviving legal heirs. However, till date, the appellant has not taken steps. Hence, this Second Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed.
20.02.2024
Index :Yes/No. Internet :Yes/No. bsm
Copy To:-
https://www.mhc.tn.gov.in/judis ___________
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S.A.No.386 of 2018
P.B.BALAJI, J.
bsm
S.A.No.386 of 2018
20.02.2024
https://www.mhc.tn.gov.in/judis __________ Page No.3/3_
N.Ravindran
V.Ramachandran
P.B.Balaji
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
