Issac Immanuel, v. Ebenezer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR S.A. No.1518 of 2011 and M.P.No.1 of 2011 Isaac Immanuel ... Appellant Vs.

1.Ebenezer 2.Robert William 3.Kirubai Varam 4.Ruth Sampornam 5.Miriam Elizabeth 6.Israel 7.Ephraim 8.A.Immanuel .. Respondents (Respondents 4 to 6 & 8 are given up) PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside the common judgment and decree dated 08.02.2011 passed in A.S.No.65 of 2010 on the file of the II Additional Sub Court, Salem, reversing the judgment and decree dated 05.04.2010 passed in O.S.No.98 of 2008 on the file of the I Additional District Munsif Court, Salem. For Appellant : Ms.R.Vaishali

for Mr.R.Subramanian For R1 to R3 & R7 : No appearance

J U D G M E N T

The learned counsel appearing for the appellant submits that the appellant is no more and she is unable to contact the appellant despite efforts taken by them and filed a memo to that effect, which reads as follows:- "It is informed by the learned counsel for the respondent during the pendency of this second appeal that the contesting respondents have died. The appellant has also died. We do not have any instructions from our client as on date to bring the LR's on record to contest the case.

It is therefore prayed that this Hon'ble Court be pleased to dismiss the second appeal as abated and thus, render justice."

2.

Recording the above submission and the memo filed by the learned counsel for the appellant, the Second Appeal is dismissed as

abated. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

13.09.2024 Index :Yes/No gsa To 1.The II Additional Subordinate Judge, Salem.

2.The I Additional District Munsif, Salem.

N.SENTHILKUMAR , J.

Gsa S.A. No.1518 of 2011 13.09.2024