Periyammal v. T.S.Kalaiselvan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2018 C O R A M THE HONOURABLE Ms.JUSTICE P.T.ASHA Second Appeal No.328 of 2003 Periyammal .. Appellant/ 2nd Defendant Vs.

1. T.S.Kalaiselvan

2. Palaniyammal ..Respondent 1 and 2/Plaintiff

3. T.V.Venkatachalam ..3rd Respondent/1st defendant Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code praying against the judgment and decree made in A.S.No.142 of 1999 dated 12.04.2001 on the file of Sub Court, Mettur in confirming the Judgment and decree made in O.S.No.226 of 1996 dated 15.09.1997 on the file of District Munsif cum Judicial Magistrate, Omalur.

For Petitioner : Mr.A.Thamizharasan For R1 & R2 : Mrs.M.Srividhya For R3 : Died

J U D G M E N T

The learned counsel for the appellant submitted that the sole appellant is dead and steps have not been taken to date, as a result of which the Second Appeal has abated and he has also made an endorsement to that effect.

2. In view of the above submission coupled with an endorsement made by the appellant's counsel, the Second Appeal is dismissed as abated. No cost.

Sd/- Assistant Registrar(CO) // True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

bsm To

1. The Subordinate Judge, Mettur, Salem District.

2. The District Munsif-cum-Judicial Magistrate, Omalur, Salem District.

+1cc to Mr.A.Tahmizharasan, Advocate SR.No.59034 Second Appeal No.328 of 2003 VD(CO) RMP(20/09/2018) https://hcservices.ecourts.gov.in/hcservices/