Nachimuthu v. Varadharajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM:

THE HON'BLE MRS.JUSTICE S.SRIMATHY S.A.No.464 of 2009 Nachimuthu ...Appellant/Plaintiff /Vs/ Varadharajan

...Respondent/Defendant

PRAYER : Second Appeal filed under Section 100 of C.P.C., against the decree and judgment passed in A.S.No.99 of 2005 dated 12.09.2008 on the file of the Subordinate Court, Namakkal confirming the decree and judgment passed in O.S.No.477 of 2002 dated 12.08.2004 on the file of the Principal District Munsif Court, Namakkal.

For Appellant : Mr.T.Dhanyakumar For Respondent : Mr.T.L.Thirumalaisamy

O R D E R

When the matter is taken up today for hearing, it is reported by the learned counsel for the appellant that the sole appellant as well as his Power of Attorney agent had passed away. Though this Court had given an opportunity to take steps to implead the legal heirs of the deceased sole appellant, the legal heirs did not take any steps to implead themselves as parties. Therefore, it shows that the legal heirs of the deceased sole appellant have no interest to proceed further with the second appeal.

2. Hence, the second appeal is dismissed as abated. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

vkr To

1. The Subordinate Judge, Namakkal.

2. The Principal District Munsif, Namakkal.

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

+1cc to Mr.T.L.Thirumalaisamy, Advocate, S.R.No.56525 S.A.No.464 of 2009 MG[co] NSK 22/11/2021 https://hcservices.ecourts.gov.in/hcservices/