Madras High CourtSA(MD)/108/2012dismissed as abated

Amose v. Joseph

2022-01-05Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

S.A(MD)No.108 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.A(MD)No.108 of 2012 in MP(MD) No.1 of 2012 Amose ... Appellant/Appellant/Defendant Vs.

Joseph ... Respondent/Respondent/Plaintiff Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed in A.S.No.43 of 2007 and cross objection dated 03.02.2010 on the file of the District Judge, Kanyakumari at Nagercoil partly confirming the judgment and decree passed in O.S. No.23 of 2006 dated 02.03.2007 on the file of the Sub Judge, Padmanabhapuram. For Appellant : Mr.K.Sreekumaran Nair For Respondent : Mr.V.M.Balamohanthampi

JUDGMENT

This Second Appeal is filed against the judgment and decree passed in A.S.No.43 of 2007 and cross objection dated 03.02.2010 on the file of the District Judge, Kanyakumari at Nagercoil partly confirming the judgment and decree passed in O.S. No.23 of 2006 dated 02.03.2007 on the file of the Sub Judge, Padmanabhapuram.

2. On 08.01.2018, it was reported that the sole respondent died on 26.10.2016 itself and intimation has been given to the learned counsel for the appellant. Now it is reported that the sole appellant also died. Till today no steps has been taken to implead the legal heirs of both the appellant and the respondent..

3. In view of the same, the Second Appeal is dismissed as abated. No costs. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A(MD)No.108 of 2012 To 1.The District Judge, Kanyakumari at Nagercoil 2.The Sub Judge, Padmanabhapuram 3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) S.A(MD)No.108 of 2012 in MP(MD) No.1 of 2012 05.01.2022 KK(CO) GC(19.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2