M.Mangalanathan v. A.Muniasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and M.P(MD)No.1 of 2012 and M.P(MD)No.1 of 2013 M.Mangalanathan ... Appellant Vs.

1.A.Muniasamy 2.A.Somagurunatha Pillai 3.N.Navaneethan 4.S.Manimuthu ... Respondents PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the decree and judgment dated 11.03.2005 passed in A.S.No.66 of 2003 on the file of the Subordinate Judge, Sivagangai confirming the decree and judgment dated 05.10.1999 passed in O.S.No.92 of 1999 on the file of the Additional District Munsif, Sivagangai by allowing this second appeal.

For Appellant : No appearance For R1 & R2 : Mr.M.P.Senthil

J U D G M E N T

No representation for the appellant.

2.The counsel on record for the appellant was elevated as Senior Counsel, therefore, notice was sent to the appellant and the same was returned as 'deceased'. Once the sole appellant died, if steps have not been taken within 90 days, the appeal will be abated automatically.

3. In this case, till date no steps have been taken and hence, this appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No Speaking Order : Yes / No 04.09.2023 am

To 1.The Sub-Court, Sivagangai.

2.The Additional District Munsif, Sivagangai.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY, J.

am 04.09.2023