Madras High CourtSA/896/2010dismissed as abated

Paramasivam v. Sekar

2023-04-21Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA S.A.No. 896 of 2010 and M.P.No.1 of 2010 Paramasivam ... Appellant Vs.

Sekar ... Respondent Prayer : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 29.10.2007 passed in A.S. No.34 of 2007, on the file of the Sub Court, Nagapattinam, upholding the decree and judgment dated 10.01.2007 passed in O.S. No.153 of 2003, on the file of the District Munsif Court, Nagapattinam.

For Appellant : Mr.B.Jawahar For Respondent : No appearance

JUDGMENT

When the second appeal came up for hearing on 20.04.2023, there was no representation for the appellant and hence was directed to be posted under the caption 'for dismissal' on 21.04.2023. Today, when the matter is taken up for hearing the learned counsel for the appellant represented that both the appellant and respondent are no more. Till date no steps have been taken by the appellant to implead the legal heirs of the deceased appellant and respondent.

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

21.04.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

R. HEMALATHA, J.

mtl To

1. The Sub Court, Nagapattinam.

2. The District Munsif Court, Nagapattinam.

3. The Section Officer, VR Section, High Court, Madras. S.A.No. 896 of 2010 21.04.2023