D. Natarajan v. Sivanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2020

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN SA.No.145 of 2006 D.Natarajan ...Appellant/Appellant/Plaintiff Vs.

1.Sivanathan 2.Balakrishnan 3.Sampath 4.D.Sampath 5.D.Kadirvelu 6.D.Kamallammal

...Respondents/Respondents/Defendants

PRAYER:

The Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 25.08.2004 in A.S.No.97 of 2002 on the file of the Additional District and Sessions Judge(Fast Track Court No.II), Ranipet, Vellore District confirming the judgment and decree dated 24.12.1997 in O.S.No.75 of 1987 on the file of the District Munsif's Court, Sholingur For Appellant : M/s.Nilopher For Respondents: R1, 4 to 6 - notice served R3 - not ready notice R2 - died

JUDGMENT

The second appeal is directed as against the judgment and decree dated 25.08.2004 in A.S.No.97 of 2002 on the file of the Additional District and Sessions (Fast Track Court No.II), Ranipet, Vellore District confirming the judgment and decree dated 24.12.1997 in O.S.No.75 of 1987 on the file of the District Munsif's Court, Sholingur.

2. The learned counsel for the appellant submitted that the sole appellant died.

3. It is seen that though the second appeal is of the year 2006, after the death of the sole appellant, the legal heirs of the sole appellant have not come forward to take steps to https://hcservices.ecourts.gov.in/hcservices/

implead themselves as party to the second appeal, which shows that the legal heirs have no interest to proceed with the second appeal.

4. Accordingly, the second appeal is dismissed as abated. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Additional District and Sessions Judge, (Fast Track Court No.II), Ranipet, Vellore District.

2.The District Munsif's, Sholingur.

+1cc to Mr.R.Subramanian, Advocate Sr.5600 SA.No.145 of 2006 mr[co] srg 25/02/2020 https://hcservices.ecourts.gov.in/hcservices/