Rahtivel S/O.Munusamy v. T.Ganesan S/O.Htaila Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.12.2018 Coram:

The Honourable Dr.Justice G.JAYACHANDRAN Second Appeal No.1939 of 2004

1. Rathinavel, S/o.Muthusamy,

2. Vasantha, W/o.Rathinavel, Both are residing at Thailampatti, Ekapuram Village, Sankari Taluk, Salem District.

... Appellants Vs.

T.Ganesan, S/o.Thaila Gounder, Thailampatti, Ekapuram Village, Sankari Taluk, Salem District.

... Respondent PRAYER: This Second Appeal has been filed under Section 100 of Civil Procedure Code, praying against the judgment and decree dated 31.10.2002 made in A.S.No.20 of 2001 on the file of the Subordinate Court, Sankari confirming the Judgment and decree dated 29.06.1998 made in O.S.No.224 of 1992 on the file of the District Munsif Court, Sankari.

For Appellants : Mr.E.Duraivaiyapuri for Mr.N.Manokaran For Respondent : Mr.P.Jagadeesan

J U D G M E N T

The learned counsel for the respondent has already intimated the learned counsel for the appellant regarding demise of the sole respondent and same has been brought to the notice of this Court as early as 12.06.2018. This Court has permitted the learned counsel for the appellant to take appropriate steps. Till date, no steps have been taken.

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2. Further, the learned counsel for the appellants submit that he has intimated the facts to his client, but so far no instruction from his client. In view of the death of the respondent and failure on the part of the appellants, to take necessary steps, this Second Appeal is dismissed as abated. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bsm To, 1.The Subordinate Judge, Sankari.

2.The District Munsif, Sankari.

Copy To:

The Section Officer, VR Section, High Court, Madras - 104 Second Appeal No.1939 of 2004 KS(CO) rrs 25/01/2019 https://hcservices.ecourts.gov.in/hcservices/