Venkatappan v. Selvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:21.02.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.1066 of 2005 Venkatappan alias Raji ...Appellant Vs.

1.Sathyavani 2.Sundari 3.Thirupathisami 4.Venkatesan alias Appaiyan

...Respondents

Prayer: Second Appeal filed under Section 100 of C.P.C., against the decree and judgment of the Principal District Judge of Dharmapuri at Krishnagiri dated 30.07.2004 in A.S.No.34 of 2003 confirming the judgment and decree of the District Munsif of Krishnagiri dated 18.03.2003 in O.S.No.66 of 1996. For Appellant : Mr.V.Karthikeyan for N.E.A.Dinesh For Respondents : No appearance

J U D G M E N T

It is represented by the appellant's counsel that the sole appellant died long back and he is unable to get particulars of his legal heirs to be brought on record and continue the appeal as per law and accordingly prays this Court to pass appropriate orders.

2. Considering the death of the sole appellant long back and inasmuch as the legal heirs of the appellant had not been brought on record for continuing the prosecution of the second appeal as per law, there is no purpose in keeping the second appeal further pending.

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3. In the light of the above position, the second appeal is dismissed as abated.

No costs. Consequently, connected miscellaneous petition, if any, is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mfa To

1. The Principal District Judge, Principal District Court, Dharmapuri at Krishnagiri .

2. The District Munsif, District Munsif Court, Krishnagiri.

3. The Section Officer, VR Section, High Court, Chennai. ( 2 Copies) +1cc to Mr.V,Nicholas, Advocate, S.R.No.16464 S.A.No.1066 of 2005 KS(CO) RRS(25/04/2019) https://hcservices.ecourts.gov.in/hcservices/