Manangatti Konar v. Natesa Naicker

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2019

CORAM:

THE HONOURABLE Mr. JUSTICE G.K. ILANTHIRAIYAN S. A. No. 1445 of 2005 Manangatti Konar : Appellant/Appellant/Plaintiff -Vs1.Natesa Naicker 2.Ahmsa Ammal 3.Rudhra Kumar 4.Seenu : Respondents/Respondents/Defendants Prayer : Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree in A.S. No.17 of 2004, on the file of Principal Sub Court, Tiruvannamalai and dated 27.01.2005, in confirming the judgment and decree in O.S. No.109 of 2000, on the file of the Principal District Munsif Court, Tiruvannamalai dated 09.01.2003.

For Appellant : Mr. V.Raghavachari For Respondent : Mr. Kaithamalai Kumaran

J U D G M E N T

This appeal is filed against the judgment and decree made in A.S. No.17 of 2004, on the file of Principal Sub Court, Tiruvannamalai and dated 27.01.2005, in confirming the judgment and decree in O.S. No.109 of 2000, on the file of the Principal District Munsif Court, Tiruvannamalai dated 09.01.2003.

2. The learned counsel appearing for the appellant submitted that, the sole appellant died. This Court periodically adjourned the appeal at the request of the learned counsel for the appellant to take steps to bring the legal heirs of the deceased sole appellant. Even then, the legal heirs of the appellant failed to take steps to implead the legal heirs of the deceased sole appellant.

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2. Hence, the Second Appeal is dismissed as abated as against the appellant for not taking any steps to implead the legal heirs of the sole appellant. No costs.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar smn To

1. The learned Principal Sub Judge, Tiruvannamalai

2. The Principal District Munsif, Tiruvannamalai.

S. A. No. 1445 of 2005 RSV(CO) CSR: 10.01.2020 https://hcservices.ecourts.gov.in/hcservices/