Second appeal against a reversal of a decree was listed for hearing; both appellants were reported dead and the appeal had abated. Recording the respondents' counsel's submissions, the court dismissed the appeal as abated and closed the connected miscellaneous petition.
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S.A.(MD).No.300 of 2007
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.11.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
S.A.(MD).No.300 of 2007 and M.P.(MD).No.1 of 2007
1.K.R.Solaiappan
2.Mallika ... Appellants/Respondents/Defendants
Vs.
1.A.Sethu
2.Gandhimathi ... Respondents/Appellants/Plaintiffs
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to call for the records relating to the Judgment and Decree dated 31/08/2006 in AS.93/2005 on the file of Sub Judge, Devakkottai, reversing the Judgment and Decree dated 17/08/2005 in OS.107/2002 on the file of the Additional District Munsif, Karaikudi, set aside the same.
For Appellants : No Appearance For Respondents : Mr.R.Sundar Srinivasan
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S.A.(MD).No.300 of 2007
JUDGMENT
When the matter is taken up for hearing, there is no representation for the appellant. The learned counsel for the respondents present and submitted that both the appellants reported to be dead. There first appellant died some 8 years back and the second appellant on 19.08.2018. Therefore, this appeal got abated.
2.Recording the submissions made by the learned counsel for the respondents, this second appeal stands dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.
08.11.2024 Index : Yes / No Internet : Yes / No TM
To
1.The Sub Judge, Devakottai.
2.The Additional District Munsif, Karaikudi.
3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.
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S.A.(MD).No.300 of 2007
G.ILANGOVAN ,J.
TM
S.A.(MD).No.300 of 2007
08.11.2024
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K.R.Solaiappan
Mallika
A.Sethu
Gandhimathi
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
