Mani v. Pitchai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.03.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.1418 of 2002 and CMP.No.11744 of 2002

1. Mani

2. Narayanammal ... Appellant Vs.

Pitchai

...Respondent

PRAYER: The Second Appeal has been filed under Section 100 of C.P.C., to set aside the Judgment and Decree dated 30.04.1998 made in A.S.No.39/1995 on the file of the Sub-Court, Ranipet and further confirmed in O.S.No.12/1989 on the file of District Munsif Court, Ranipet dated 18.01.1995. For Appellant : M/s.S.Senthilnathan For Respondent : M/s. P. Srinivas

J U D G M E N T

Learned counsel appearing for the appellant submitted that the sole respondent was dead and despite a memo filed to that effect to the learned counsel for the respondent, no legal heirs application is filed till date. He has also made an endorsement to that effect.

2. The submission and endorsement made by the learned counsel for the appellant is recorded.

In view of the above, this court has no other option except to dismiss the second appeal. Hence, the Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

gv Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To

1. The Sub Juge, The Sub-Court, Ranipet.

2. The District Munsif, The District Munsif Court, Ranipet.

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

S.A.No.1418 of 2002 and CMP.No.11744 of 2002 VGI [CO] MLT-27/03/2018 https://hcservices.ecourts.gov.in/hcservices/