The second appeal was dismissed as abated because the sole appellant died on 21.10.2021 and no steps were taken within the limitation period.
Second appeal dismissed as abated. Connected Miscellaneous Petition closed.
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SA.(MD)No.557 of 2006
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.11.2024
CORAM
THE HON'BLE MR.JUSTICE V.SIVAGNANAM
SA.(MD)No.557 of 2006 and M.P.(MD)No.1 of 2006 K.S.Paramasivan Pillai ... Appellant Vs.
K.Jayalakshmi ... Respondent
PRAYER : Second Appeal filed under Section 100 Cr.P.C., against the judgment and decree passed in A.S.No.14 of 2004 dated 31.01.2005 on the file of the Principal District Court, Tirunelveli, confirming the judgment and decree passed in O.S.No.10 of 2001 dated 09.10.2003 on the file of the 1st Additional District Munsif Court, Tirunelveli.
For Appellant : Mr.D.Nallathambi For Respondent : No appearance
JUDGMENT
This second appeal has been filed to set aside the judgment and decree passed by the Principal District Judge, Tirunelveli, in A.S.No.14 of 2004 dated 31.01.2005 confirming the judgment and decree passed in O.S.No.10 of 2001 dated 09.10.2003, passed by the 1st Additional District Munsif Court, Tirunelveli.
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SA.(MD)No.557 of 2006
the appellant submitted that the sole appellant died on 21.10.2021 and steps have not been taken within the period of limitation as stipulated.
No costs. Consequently, connected Miscellaneous Petition is closed.
26.11.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No LS To
3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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SA.(MD)No.557 of 2006
V.SIVAGNANAM,J.
LS
SA.(MD)No.557 of 2006
26.11.2024
1 issue framed by the court
Whether the second appeal should be dismissed as abated due to the death of the sole appellant without taking steps within the limitation period.
K.S. Paramasivan Pillai
K.Jayalakshmi
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
