A.V.Subramaniam v. Rukmani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN C.M.S.A. No.10 of 1997 A.V.Subramaniam ... Appellant Vs.

Rukmani ... Respondent Prayer: This Civil Miscellaneous Second Appeal is filed under section 28 of Hindu Marriage Act read with section 100 of CPC, against the judgment and decree passed in C.M.A.No.32 of 1991 dated 16.03.1994 on the file of the Principal District Judge, Periyar District, Erode, reversing the order and decretal order made in O.P.No.28 of 1982 dated 06.05.1991 on the file of the Court of the Subordinate Judge, Gobichettipalayam. For Appellant : Mr.M.Selvaraju For Respondent : Mr.Kaithamalai Kumaran 1/4

J U D G M E N T

Today, when the matter is taken up for hearing, the learned counsel for the appellant would submit that the appellant already died and he has not taken any steps to bring the legal representatives of the appellant to prosecute the appeal.

2. In view of the death of the sole appellant, the Civil Miscellaneous Second Appeal is dismissed as abated. There shall be no order as to costs.

28.08.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 2/4

To 1.The Principal District Judge, Periyar District, Erode 2.The Subordinate Judge, Gobichettipalayam.

3.The Section Officer, VR Section, High Court, Madras.

3/4

P.VELMURUGAN. J.

ksa-2 C.M.S.A. No.10 of 1997 28.08.2023 4/4