Ramayi v. Vanjiappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2021

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA S.A.NO.1621 OF 2008 Ramayi ... Appellant Vs

1. Vanjiappan

2. Vanjathal ... Respondents PRAYER :

Second Appeal is filed under Section 100 of code of Civil Procedure praying against the judgment and decree of A.S.No.49 of 2007 dated 20.08.2008 on the file of Sub Court, Dharapuram, reversing the well considered judgment and decree of O.S.No.127 of 2004 dated 18.07.2007 on the file of District Munsif Court, Dharapuram.

For Appellant : No Appearance For Respondents : Mr.V.Regunathan for R1 R2-given up

J U D G M E N T

A memo has been filed by the learned counsel for the Appellant dated 05.07.2021 wherein he has stated as follows: "During the pendency of the Second Appeal, the appellant herein died on 01.06.2021, leaving behind the respondents as her Legal Heirs.

The second respondent approached me and wanted to know whether she could proceed in this Second Appeal. I suggested that she could not transpose herself as appellant and proceed. Later she changed her mind and told me when once the said Second Appeal was not disposed of during the lifetime of her mom she does not want to proceed further. So she has told me to get the said Second Appeal dismissed."

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2. Considering the fact that the legal representatives of the appellant are yet to be brought on record and the legal representatives who has already arrayed as respondents is not interested in prosecuting the appeal further. The Second Appeal is dismissed as abated. No order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kal To

1. The Subordinate Judge, Dharapuram.

2. The District Munsif, Dharapuram.

Copy To The Section Officer, VR Section, High Court, Madras-104.

+1cc to Mr.V.Regunathan, Advocate, S.R.No.34766 S.A.No.1621 of 2008 JPL(CO) CS/12/08/2021 https://hcservices.ecourts.gov.in/hcservices/