Mumtaj Bivi, v. Dharmasivam,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.01.2019 Coram:

The Honourable Mr. Justice R. PONGIAPPAN Second Appeal No.965 of 2007 and M.P.No.1 of 2007 1.Mumtaj Bivi 2.Jamal Mohamed ... Appellants

Versus

Dharmasivam

...Respondent

PRAYER: This Second Appeal is filed under Section 100 of the Civil Procedure Code to call for the records comprised in A.S.No.64 of 2005 on the file of the Principal Subordinate Court, Virudhachalam dt:30/11/2006 where under setting aside the judgment and decree made in O.S.No.2 of 1996 on the file of the District Munsif-cum-Judicla Magistrate at Thittagudi dated 15.03.2005 and set aside the Judgment and decree made in A.S.No.64 of 2005 on the file of the Principal Subordinate Court, Virudhachalam dated 30.11.2006.

For Appellants :

Mr.V.B.Perumal Raj For Respondent :

Mr.T.Sezhian

JUDGMENT

The learned counsel appearing for the appellants and the learned counsel for the respondent present. 2.It is represented by both the learned counsel that the appellants were died long back and also the respondent died on 26.04.2012. It is further submitted that no information has been furnished as regards the legal heirs of the deceased appellants.

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3. Inasmuch as no steps have been taken to implead the legal heirs of the deceased appellants, this Second Appeal is dismissed as abated. No costs. Consequently, the Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal Subordinate Court, Virudhachalam.

2.District Munsif-cum-Judicial Magistrate at Thittagudi +1cc to Mr.R.Meenal, Advocate, S.R.No.7297 +1cc to Mr.V.Ayyadurai, Advocate, S.R.No.5027 S.A.No. 965 of 2007 and M.P.No.1 of 2007 RK(CO) GSP(20/02/2019) https://hcservices.ecourts.gov.in/hcservices/