Marimuthu Achari v. Gengaiammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Marimuthu Achari ...Defendant / Appellant / Appellant -VsGengaiammal ...Plaintiff / Respondent Respondent Prayer:- Second Appeal preferred under Section 100 of CPC, against the judgment and decree dated 23.01.2009 in A.S.No.115 of 2006 on the file of the learned Sub Court, Kallakurichi, confirmed the judgment and decree in dated 24.07.2006 made in O.S.No.1205 of 2004 on the file of the learned Additional District Munsif Court, Kallakurichi. For Appellant : Mr.P.Srinivasan For Respondent : M/s.C.B.Kavitha

J U D G M E N T

Learned counsel for the appellant submits that the appellant is no more. Learned counsel for the respondent submits that the respondent is 1/4

also no more.

2. A letter was sent by the learned counsel for the appellant on 09.09.2024, which was returned with an endorsement that the "appellant was deceased", which reads as follows:

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3. One of the legal representatives of the deceased appellant's son has contacted the learned counsel for the appellant and submitted that the suit scheduled property was sold after the settlement between the appellant and the respondent.

4. Learned counsel for the respondent submitted that there is no instruction as they are unable to contact the legal representatives of the deceased respondent.

5. The letter submitted by the learned counsel for the appellant shall form part of the record.

Recording the same, the Second Appeal stands dismissed as abated. No costs.

01.10.2024 cda Index : Yes/No Speaking/Non Speaking order 3/4

N.SENTHILKUMAR, J.

cda To 1.The Sub Court, Kallakurichi.

2.The Additional District Munsif Court, Kallakurichi. 3.The Section Officer, VR Records, High Court, Chennai.

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