Gomathi v. Kasi Chettiar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM

THE HON'BLE Mr.JUSTICE C.KUMARAPPAN Gomathi ... Appellant - Vs - Kasi Chettiar ... Respondents PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code against the decree and judgment dated 18.06.2009 in A.S.No.58 of 2007 on the file of the Additional Sub-Court, Thiruvannamalai, reversing the decree and judgment dated 29.08.2006 in O.S.No.520 of 2005 on the file of Additional District Munsif, Thiruvannamalai.

For Appellant : Mr.M.Manohar for Mr.R.Rajarajan For Respondent : Sole Respondent Died.

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JUDGMENT

When the matter was listed on 04.10.2021, the following order has been passed:

''It is represented that the sole respondent died. The learned counsel for the appellant seeks time to implead the legal heirs of the deceased sole respondent. At his request, post the matter after four weeks.''

2. Even today, the learned counsel for the appellant would submit that in spite of his best efforts, he is not in a position to get the details of the legal representatives of the deceased sole respondent. Therefore, this Court is of the view that no purpose would be served in keeping the Second Appeal on file. Hence, this Second Appeal is dismissed as abated. No costs.

06.11.2023 ssn 2/5

To

1. The Additional Sub-Court, Thiruvannamalai.

2. The Additional District Munsif, Thiruvannamalai.

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C.KUMARAPPAN, J., ssn 4/5

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