Second appeal abated due to the death of the sole appellant and failure to bring legal representatives on record within the limitation period. The court dismissed the appeal as abated without costs.
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S.A.(MD)No.690 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
S.A.(MD)No.690 of 2005
Mohamed Haneef
...Defendant/Appellant/Appellant
-Vs-
Balaji Pandithar Chathram, Adirampattinam, Rep. by its Heriditary Trustee, R.Balaji, Adirampattinam. ...Plaintiff/Respondent/Respondent
Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and decree made in A.S.No.16 of 2004 on the file of Sub Court, Pattukkttai, dated 31.03.2005 confirming the judgment and decree made in O.S.No.46 of 1998 on the file of District Munsif Court at Pattukkottai, dated 31.10.2003.
For Appellant : Mr.K.K.Senthil
For Respondent
: Mr.P.Thiyagarajan for M/s.T.R.Rajarman
Page 1 of 3
S.A.(MD)No.690 of 2005
JUDGMENT
This Second Appeal has been filed against the Judgment and decree made in A.S.No.16 of 2004 on the file of Sub Court, Pattukkttai, dated 31.03.2005 confirming the judgment and decree made in O.S.No.46 of 1998 on the file of District Munsif Court at Pattukkottai, dated 31.10.2003.
2.When the matter was taken up for hearing, the learned counsel appearing for the appellant submitted that the sole appellant died on 04.11.2020 and steps have not been taken within the period of limitation as stipulated and he has also filed Memo to the said effect.
3.Recording the above said Memo, this Second Appeal is dismissed as
abated. No costs.
12.12.2024
NCC : Yes/No Index : Yes/No Internet: Yes/No RJR
Page 2 of 3
S.A.(MD)No.690 of 2005
V.SIVAGNANAM. J,
RJR
To
3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
S.A.(MD)No.690 of 2005
12.12.2024
Page 3 of 3
1 provisions across 1 enactments
Mohamed Haneef
Balaji Pandithar Chathram, Adirampattinam, Rep. by its Heriditary Trustee, R.Balaji, Adirampattinam
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
