Thirunamalai v. Chinnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.1397 of 2005

1. Thirunamalai

2. Kuppayammal ... Appellants Vs.

1. Chinnan

2. N.K.Ravindranath ... Respondents Prayer: Second Appeal filed under Section 100 of C.P.C., against the common judgment and decree dated 22.02.2005 in A.S.No.64 of 2004 and A.S.No.16 of 2005 on the file of the Additional Subordinate Court, Salem, reversing the judgment and decree dated 12.07.2004 in O.S.No.560 of 1991 on the file of the I Additional District Munsif Court, Salem.

For Appellants : Mr.T.Sezhian For R1 : No appearance For R2 : Mr.S.Saravana Kumar

J U D G M E N T

It is found despite adequate opportunities, steps have not been taken to implead the legal heirs of the deceased second appellant and the first respondent on record and proceed with the second appeal as per law.

2. Even the counsel for the appellants has made an endorsement to dismiss the appeal as abated.

3. In such view of the matter, there is no purpose in keeping the second appeal further pending.

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-VIII) //True Copy// Sub Assistant Registrar nsd https://hcservices.ecourts.gov.in/hcservices/

To

1. The Additional Subordinate Judge, Salem.

2. The I Additional District Munsif Judge, Salem.

Copy to The Section Officer, V.R.Section, High Court, Madras.

+1cc to Mr.R.Subramanian, Advocate, S.R.No. 27153 S.A.No.1397 of 2005 SSV(CO) GN(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/