Dismissed¶¶22

Ramakrishnan v. S.Dharmaraj

Madras HC2 Jan 2025SA(MD)/597/2005

Case brief

AI extract

What is this about?

Abatement of second appeal on appellant's death; Madurai Bench of Madras High Court; V. Sivagnanam, J.; S.A.(MD)No.597 of 2005 decided 02.01.2025; appeal under Section 100 CPC against A.S.No.4 of 2004 / O.S.No.32 of 1999 (Tuticorin); appellant died 15.12.2019, no steps within limitation; dismissed as abated, no costs; appellant Ramakrishnan (counsel D. Nallathambi), respondent S. Dharmaraj (counsel M. P. Senthil).

What did the court decide?

In view of the death of the appellant and non-taking of steps within limitation, the Second Appeal is dismissed as abated, with no costs. ¶¶22

Ramakrishnan Vs S.Dharmaraj — Madras HC (2025) — LawSathi Research

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S.A.(MD)No.597 of 2005

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.01.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

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S.A.(MD)No.597 of 2005

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Ramakrishnan

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...Plaintiff/Appellant/Appellant

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-Vs-

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S.Dharmaraj ...Defendant/Respondent/Respondent

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Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree passed in A.S.No.4 of 2004, dated 01.12.2004 on the file of the Sub Court, Tuticorin confirming the judgment and decree passed in O.S.No.32 of 1999, dated 18.08.2003 on the file of the Additional District Munsif Court, Tuticorin.

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For Appellant : Mr.D.Nallathambi

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For Respondent : Mr.M.P.Senthil

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https://www.mhc.tn.gov.in/judis

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Page 1 of 4

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S.A.(MD)No.597 of 2005

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JUDGMENT

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This Second Appeal has been filed against the judgment and decree passed in A.S.No.4 of 2004, dated 01.12.2004 on the file of the Sub Court, Tuticorin confirming the judgment and decree passed in O.S.No.32 of 1999, dated 18.08.2003 on the file of the Additional District Munsif Court, Tuticorin.

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When the matter was taken up for hearing, the learned counsel

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appearing for the appellant submitted that the sold appellant died on 15.12.2019 and steps have not been taken within the period of limitation as stipulated.

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