Madras High CourtSA/940/1999dismissed as abated

R.Rangasamy v. Subbiah Gounder

2015-07-29Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.07.2015

CORAM

THE HONOURABLE MS. JUSTICE R. MALA S.A.No.940 of 1999 and C.M.P.No.9558 of 1999 1.R.Rangasamy 2.R.Kumar ..Appellants/Defendants Vs Subbiah Gounder .. Respondent/Plaintiff Prayer: Second appeal filed under Section 100 of CPC against the judgment and decree dated 03.12.1998 in A.S.No.245 of 1997 on the file of the I Additional District Court-cum-Chief Judicial Magistrate's Court, Coimbatore, confirming the judgment and decree dated 28.07.1997 in O.S.No.956 of 1993 on the file of the District Munsif Court, Coimbatore.

For Appellants : Mr.R.Kannan For Respondent : Mr.V.Venkatasamy

JUDGMENT

According to the learned counsel for the respondent, sole respondent died on 19.02.2009 and steps have not been taken so far. 2.Learned counsel for the appellants submits that appellants have not given any instructions to him for taking steps to bring the legal heirs of the deceased sole respondent on record. 3.At this juncture, learned counsel for the respondent submits that the first appellant also died.

4.In view of the above submissions, since no steps have been taken to bring the legal heirs of the deceased sole respondent on record, this Second Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj https://hcservices.ecourts.gov.in/hcservices/

To 1.The District Munsif Judge, Coimbatore.

2. I Additional District Judge cum (Chief Judicial Magistrate's Court), Coimbatore. 3.The Record Keeper, V.R.Section, High Court, Chennai.

1 cc to Mr.R. Kannan, Advocate Sr.39253 S.A.No.940 of 1999 and C.M.P.No.9558 of 1999 NM(CO) EU 18.08.15 https://hcservices.ecourts.gov.in/hcservices/