Ponnusami Udayar v. Dhanakodi Ammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Ponnusamu Udayar ... Appellant Vs.

1. Dhanakodi Ammal (died) 2.Lakshmi 3.Ramakrishnan 4.Arumugam 5.Dhanapaul Udayar 6.Malarkodi 7.Dhanalakshmi 8.D.Ramu 9.D.Murugan [R.1 died, R.5 to R.9 brought on record as LRs of the deceased R.1 viz. Dhanakodi Ammal vide Court order dated 22.04.2021 made in CMP.Nos.240 to 243 of 2013 in SA.No.362 of 2006 - AQJ] PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgement and decree of the learned Principal Subordinate Judge of Vriddhachalam in A.S.No.81 of 2002 dated 02.08.2004, preferred against the judgment and decree of the learned Judicial Magistrate cum District Munsif of Tittakkudi in O.S.No.121 of 1997 dated 21.06.2002.

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For Appellants : Mr.V.Anand For Respondents : Mr.C.Munusamy [R.6 to R.9] : R.1 [Died] : R.2 to R.4 [ex parte] : R.5 [Died]

JUDGMENT

In the above appeal the learned counsel for the appellant has filed a memo dated 22.12.2022 in which he has stated as follows:- " It is submitted that the information received from the villagers, appellant Ponnusamy died in the year 2019 as per the confirmed information, without leaving any legal heirs. His wife pre-deceased him."

2. The memo dated 22.12.2022 is taken on file and in the light of the above submissions, the Second Appeal stands dismissed as abated. No costs. 22.12.2022 Index : Yes/No Internet : Yes/No shr 2/4

To 1.The Principal Subordinate Judge of Vriddhachalam. 2.The Judicial Magistrate cum District Munsif of Tittakkudi. P.T. ASHA, J, 3/4

shr 22.12.2022 4/4