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Madras High CourtSA/1593/2004dismissed as abated

T.K.Mani Nainar v. Kamala Amal,W/O.Arunagiri

2023-03-13Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA S.A.N o.1593 of 2004 and C.M.P.No.12550 of 2004 T.K.Mani Nainar ... Appellant ..Vs..

1.Kamala Ammal 2.Parvathi Ammal 3.Sakkubai Ammal ... Respondents PRAYER : Second Appeal filed under Section 100 C.P.C., against the decree and judgment dated 24.09.2002 in A.S.No.104 of 2001 on the file of the Additional District Court, Thiruvannamalai, reversing the decree and judgment in O.S.No.170 of 1995 dated 18.02.2001 on the file of the Principal Sub Court, Thiruvannamalai.

For Appellant : Mr.P.G.Padmanabhan For R3 : No appearance

JUDGMENT

A perusal of the records shows that the respondents 1 & 2 died and the second appeal was dismissed as abated as against the first respondent on 31.01.2023. No steps have been taken by the appellant to 1/3

implead the legal heirs of the deceased second respondent. The learned counsel appearing for the appellant reported no instructions for the appellant.

2. In view of the above, the Second Appeal is dismissed as abated. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

13.03.2023 Index : Yes/No Internet : Yes/No mtl 2/3

R. HEMALATHA, J.

mtl To

1. The Additional District Court, Thiruvannamalai.

2. The Principal Sub Court, Thiruvannamalai.

3. The Section Officer, V.R. Section, High Court, Madras. S.A.N o.1593 of 2004 13.03.2023 3/3