Shanmugam v. K.M.Nanjappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.RAJASEKAR and M.P.No.1 of 2015 Shanmugam ... Appellant Vs.

1.K.M.Nanjappan 2.Visalachi 3.Kalamani 4.Nagarathinam .. Defendants Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and the decree dated 09.12.2014 made in A.S.No.145 of 2007 on the file of the IV Additional District and Sessions Court, Coimbatore reversing the Judgment and decree dated 26.02.2007 made in O.S.No.701 of 1997 on the file of the II Additional Subordinate Court, Coimbatore.

For Appellant : Mr.D.Akashkumar For M/s. P.Saravana Sowmiyan For R1 : Mr.L.Mouli For RR2 to 4 : No appearance 1/4

For R5 : Mr.J.Pratheep

JUDGMENT

When the matter is taken up for hearing, the learned counsel appearing for the appellant reported that the appellant, who was the second plaintiff was died three years ago. The learned counsel for the appellant submit that in spite of his best efforts, he was not able to bring the legal heirs of the deceased appellant on record.

2. Since the appellant died, three years over and no legal heirs have been impleaded, the second appeal stands dismissed as abated. There shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed.

13.03.2025 ssi Index :

Yes / No Speaking Order :Yes/No To:

1.The IV Additional District and Sessions Judge, 2/4

Coimbatore.

2.The II Additional Subordinate Judge, Coimbatore.

K.RAJASEKAR,J.

ssi 3/4

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