Mangamma Bai, v. Shanmuga Das,S/O.Late T.K.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2018

CORAM:

THE HON'BLE DR. JUSTICE G.JAYACHANDRAN SECOND APPEAL Nos.1193 and 1194 of 2004 Mangamma Bai .. Appellant in both appeals/Plaintiff /versus/ Shanmuga Das .. Respondent in both appeals/Defendant Common Prayer:

Second Appeals have been filed under Section 100 of the Civil Procedure Code against the judgments and decrees dated 16.02.2004 passed in A.S.Nos.51 and 50 of 2003 respectively on the file of the Principal District Court, Pondicherry in reversing the judgments and decrees dated 30.10.2003 passed in O.S.Nos.607/02 and 531/03 respectively on the file of the Principal District Munsif Court, Pondicherry. For Appellant :Mr.R.Natarajan(in both cases) For Respondent :Mr.D.Shivakumaran(in both cases) COMMON JUDGMENT These two appeals are filed by the mother against her son in respect of the suit property in which the appellant mother has claimed life interest based on the Will. Whereas the son sought for Mandatory Injunction to restore water connection.

2. When this matter came up for final disposal before this Court on 27.11.2018, this Court, considering the facts involved in this case, thought fit to issue summons to the parties to arrive at an amicable settlement. But even before the intervention of the Human Agency, the divine force has recalled the life of the mother and put the entire litigation to an end.

3. The learned counsel appearing for the appellant would submit that pursuant to the direction of this Court, he wrote a letter to the appellant Mangamma Bai and a postal cover was https://hcservices.ecourts.gov.in/hcservices/

returned with an endorsement as "deceased".

4. In the light of the above facts, nothing survives in these second appeals. Hence, these second appeals are dismissed as abated. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar ari To 1.The Principal District Court, Pondicherry. 2.The Principal District Munsif Court, Pondicherry. Copy To The Section Officer, VR Section, High Court, Madras. S.A.Nos.1193 and 1194 of 2004 RV(CO) GMY(25/01/2019) https://hcservices.ecourts.gov.in/hcservices/