A.Lilly Wagner v. K.Ameer Basha

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 20-02-2024

CORAM

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN SECOND APPEAL No.853 of 2012 A.Lilly Wagner ...

Appellant -vsK.Ameer Basha ...

Respondent Appeal against the judgment and decree, dated 30.11.2011, passed in A.S.No.28 of 2011 on the file of Subordinate Court, Nilgiris at Ooty, confirming the judgment and decree, dated 05.01.2011, in O.S.No.42 of 2009, on the file of District Munsif Court, Coonoor.

For Appellant : Mr.L.Palanimuthu For Respondent : No appearance

JUDGMENT

Sole appellant in this appeal was reported dead and time was sought to substitute her legal heirs on 09.08.2021. This Second Appeal got abated in the year 2021 itself. However, even after several adjournments are granted, no steps have been taken till-date to substitute the legal heirs of the deceased sole appellant. From this, it is

2/3 evident that the appellant is not interested in prosecuting the appeal. Under the circumstances, no purpose is served in keeping the appeal pending.

2. Therefore, this Second Appeal is dismissed, as abated. No costs. 20-02-2024 dixit To 1.Subordinate Court, Nilgitis at Ooty.

2.District Munsif, Coonoor.

3.V.R.Section, High Court, Madras.

3/3 G.ARUL MURUGAN, J.

dixit S.A.No.853 of 2012 20-02-2024