Paramathma v. Ramanathan (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Paramathma ... Appellant Vs Ramanathan (died) ... Respondents Sole respondent died - recorded as per the memo dated 14.06.2024 and vide Court order dated 14.06.2024 made in S.A.No.458 of 2018 PRAYER:- Second Appeal filed under Section 100 of the Civil Procedure Code, filed against the judgment and decree dated 15.09.2017 made in A.S.No.35 of 2015 on the file of the Principal Subordinate Judge, Villupuram confirming the judgment and decree dated 10.02.2012 made in O.S.No.260 of 2010 on the file of the Principal District Munsif Court, Tirukoilur.

For Appellant : Mr.T.Dhanyakumar For Respondent : R1 - Died Page No: 1/4

JUDGMENT

The learned counsel for the appellant would submit that the sole defendant died as early as September 2023 and to that effect, he had also filed a memo before this Court on 14.06.2024. However, this Court recording the said memo had granted time to take out necessary impleading applications. The appellant is unable to trace the legal heirs of the deceased respondent and therefore, he would submit that he is unable to take out any steps to bring on record the legal heirs of the deceased defendant.

2. In such view of the matter, the Second Appeal stands dismissed as abated. However, there shall be no order as to costs. 27.06.2025 gba Index : Yes/No Speaking order : Yes/No Page No: 2/4

To 1)Principal Subordinate Judge, Villupuram

2) Principal District Munsif Court, Tirukoilur. Page No: 3/4

K.KUMARESH BABU ,J.

gba 27.06.2025 Page No: 4/4