Kunchithapatham v. Henry Samuel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.1322 of 2002 Kunchithapatham ... Appellant Vs.

1.Henry Samuel 2.Rajamanickam 3.Thangam ... Respondents Prayer: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree of the Principal Sub Court, Mayiladuthurai, made in A.S.No.102/94 dated 27th September 2000 confirming the judgment and decree of the District Munsif Court, Mayiladuthurai made in O.S.No.876/87 dated 21.09.1994. For Appellant : Mr.S.Sounthar For Respondents : R1 - Mrs.R.Srividya for Mr.A.Muthukumar

J U D G M E N T

The learned counsel appearing for the first respondent would submit that the sole appellant died on 30.12.2009. Thereafter, the LRs have not taken any steps to implead themselves as parties in this appeal, accordingly the second appeal is abated and he has filed a memo to that effect before this court. Therefore, he prays for dismissal of the second appeal.

2. The learned counsel appearing for the appellant did not dispute the same. Recording the memo filed by the first respondent, the second appeal is dismissed as abated. No Costs. Sd/- Assistant Registrar(CS V ) //True copy// Sub Assistant Registrar msvm https://hcservices.ecourts.gov.in/hcservices/

To 1.The District Munsif, Mayiladuthurai.

2.The Principal Sub Court, Mayiladuthurai.

+1cc to Mr.A.Muthukumar, Advocate SR.No.1810 S.A.No.1322 of 2002 GP(CO) GN(06/02/2018) https://hcservices.ecourts.gov.in/hcservices/