Veerappan,S/O.Ramasamy v. 1.Mariammal,W/O.Late Muthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:31.07.2015

CORAM

THE HONOURABLE MS. JUSTICE R. MALA S.A.No.257 of 2001 Veerappan .. Appellant Vs 1.Mariammal 2.K.Ramamoorthy 3.K.Arjunan 4.M.Kathirvel 5.M.Shanmugham 6.M.Vetrivel 7.Thulasiammal 8.Sivakami (Respondents 7 and 8 given up as unnecessary parties) .. Respondents Prayer: Second appeal filed under Section 100 of CPC against the judgment and decree dated 30.09.1999 made in A.S.No.94 of 1999 on the file of the Principal District Court, Erode, confirming the judgment and decree dated 08.12.1998 made in O.S.No.550 of 1995 on the file of the I Additional District Munsif Court, Erode. For Appellant : Mr.T.Murugamanickam R1 to R3 : Disd vide order dated 08.12.2009 For R4 : No appearance R5 and R6 : Died R7 and R8 : Given up

JUDGMENT

Learned counsel for the appellant submits that the sole appellant died in the year 2001 and son of the appellant does not want to prosecute the case. He has also made an endorsement to that effect. 2.In view of the endorsement made by the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/

appellant, this Second Appeal is dismissed as abated for not taking steps to bring the legal heir of the deceased sole appellant on record. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj To 1.I Additional District Munsif Court, Erode.

2.The Principal District Court, Erode.

3.The Record Keeper, V.R.Section, High Court, Chennai. S.A.No.257 of 2001 CNR(CO) EU(12/08/2015) https://hcservices.ecourts.gov.in/hcservices/