Sheik Hussain Sayabu v. Abdul Sathar Sayabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.2216 of 2003 and C.M.P.No.20759 of 2003 Sheik Hussain Sayabu ... Appellant/Defendant Vs.

1. Abdul Sathar Sayabu

2. Jennibi ... Respondents/Plaintiffs Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 07.10.2003 in S.C A.S.No.35 of 2002, F.T.C-II A.S.No.29 of 2003 on the file of the Additional District and Sessions Court, Tindivanam, confirming the judgment and decree dated 30.11.2001 in O.S.No.679 of 1987 on the file of the Principal District Munsif Court, Gingee.

For Appellant : Mr.P.G.Padmanaban For Respondents : Mr.R.Sunil Kumar

J U D G M E N T

The memo filed by the counsel for the appellant informing that the sole appellant had died and thereafter despite communication, no proper steps had been taken by the legal heirs to come on record and accordingly, prayed this Court to dismiss the appeal as abated. The abovesaid memo is taken on record.

2. In the light of the above position that the appellant had died and no proper steps had been taken to bring his legal heirs on record and continue the appeal as per law, there is no purpose in keeping the appeal pending.

In the light of the above, the second appeal is dismissed https://hcservices.ecourts.gov.in/hcservices/

as abated. No costs. Connected miscellaneous petition, if any, is closed.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar nsd To

1. The Additional District and Sessions Judge, Tindivanam.

2. The Principal District Munsif Judge, Gingee. Copy To:The Section Officer, V.R. Section, High Court, Madras. S.A.No.2216 of 2003 VBA(CO) GMY(09/04/2019) https://hcservices.ecourts.gov.in/hcservices/