Thirupathy v. Rethinam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2022 CORAM : JUSTICE N.SESHASAYEE M.P(MD).No.1 of 2007 Thirupathy ...Plaintiff/Appellant/Appellant Vs 1.Rethinam 2.Murugaian ... Respondents/Respondents/Defendants Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 21.04.2006 made in A.S.No.35 of 2005 on the file of the Sub-Court, Pudukkottai confirming the decree and judgment passed in O.S.No.41 of 2001 on the file of the Additional District Munsif Court, Pudukkottai dated 21.06.2004.

For Appellants :

Mr.M.R.S.Prabhu For Respondents :

Mr.K.Baalasundaram for R1 No-appearance for R2

J U D G M E N T

The learned counsel appearing for the appellant submits that the appellant has died and the legal heirs of the appellant have not turned up for taking necessary steps in this appeal. He has also filed a memo to that effect.

2. Recording the submission made by the learned counsel appearing for the appellant, this Second Appeal is dismissed as abated. No costs. Connected miscellaneous petition is closed.

07.11.2022 Internet:Yes Index:Yes/No ssb

N.SESHASAYEE, J.

ssb To 1.The Sub Court, Pudukkottai 2.The Additional District Munsif Court, Pudukkottai 3.The Section Officer, VR Section, Madurai Bench of Madras High Court.

S.A.(MD) No.1002 of 2007 07.11.2022