K.Karuppiah v. S.Karuppan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA S.A.No. 1403 of 2010 and M.P. No. 1 of 2010 K. Karuppiah ... Appellant Vs.

1. S. Karuppan

2. K. Chathapillari ... Respondents Prayer : Second Appeal filed under Section 100 CPC against the decree and judgment dated 26.05.2009 on the file of the Additional District Judge/Fast Track Court, Ariyalur, in A.S. No.84 of 2008, reversing the decree and judgment dated 30.03.2004 on the file of the Additional District Munsif Court, Ariyalur, in O.S. No.30 of 2001. For Appellant : No appearance For Respondents : Mr. S. Kamadevan

JUDGMENT

When the matter is taken up for hearing today, there is no representation on behalf of the appellant. It is represented by the learned counsel for the respondents that the sole appellant died on 18.02.2019 and the respondents 1 & 2 died on 02.11.2020 and 31.08.2018 respectively and the same has already been intimated to the counsel for the appellant on 23.03.2023. A copy of the above letter is filed before this Court. Till date no steps have been taken to implead the legal heirs of the deceased parties.

2. In view of the same, this second appeal is dismissed as abated. No costs. Consequently connected miscellaneous petition is also dismissed.

08.06.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

R. HEMALATHA bga

1. The Additional District Judge/Fast Track Court, Ariyalur.

2. The Additional District Munsif, Ariyalur

3. The Section Officer, VR Section, High Court, Madras. S.A.No. 1403 of 2010 & M.P. No.1 of 2010 08.06.2023