P.Muthiah v. Duraisamy Nadar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2024

CORAM

THE HON'BLE MR JUSTICE A.A.NAKKIRAN S.A.(MD)No.267 of 2011 P.Muthiah ... Defendant / Appellant /Appellant/ -VsDuraisamy Nadar ... Plaintiff / Respondent / Respondent Prayer: Second Appeal is filed under Section 100 of the code of Civil Procedure Code, against the judgment and decree passed in A.S.No.40 of 2009 dated 26.08.2010 on the file of the Principal Subordinate Judge, Tenkasi, confirming the judgment and decree in O.S.No.31 of 2008 dated 28.04.2009 on the file of the District Munsif Court, Shencottah. For Appellant : Mr.K.Govindarajan

JUDGMENT

This appeal has been filed against the judgment and decree passed in A.S.No.40 of 2009 dated 26.08.2010 on the file of the Principal Subordinate Judge, Tenkasi, confirming the judgment and decree in O.S.No.31 of 2008 dated 28.04.2009 on the file of the District Munsif Court, Shencottah.

2.When the matter is taken up for hearing, the learned counsel for the appellant submitted that during the pendency of this appeal, the sole appellant namely, P.Muthiah died and as such, there is no purpose in proceeding with the appeal.

3.Recording the said submission, the Second Appeal is dismissed as abated. No costs.

24.06.2024 NCC : Yes / No Index :yes/No Internet:yes/No dss To:

1.The Principal Subordinate Judge, Tenkasi.

2. The District Munsif Court, Shencottah.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

A.A.NAKKIRAN , J.

dss S.A.(MD)No.267 of 2011 24.06.2024