Madras High CourtSA(MD)/613/2013dismissed as abated

Andi Nadar, v. M.H.Abdulkadar,

2023-09-26Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.A.(MD)No.613 of 2013 & M.P.(MD)No.3 of 2013 Andi Nadar ...Appellant vs.

1.M.H.Abdulkadar 2.Abdul Kadar ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 01.08.2011 in A.S.No. 31 of 2011 on the file of the Additional District Judge, Fast Track Court No.1, Thoothukudi reversing the Judgment and Decree dated 04.12.2009 in O.S.No.46 of 2008 on the file of the District Munsif Court, Srivaikuntham.

For Appellant :

Mr.K.R.Laxman For Respondents :

Mr.G.Aravinthan

JUDGMENT

The learned counsel appearing for the respondents has filed two Memos dated 09.04.2019 stating that the sole appellant passed away on 04.10.2017 and that the second respondent passed away on 27.07.2012.

2. Though Memos were filed as early as in the year 2019, till date, the appellant has not taken any steps to bring on record the legal representatives of the deceased sole appellant and the second respondent. In view of the same, the Second Appeal is dismissed as abated. No costs. Consequently, the connected Miscellaneous Petition is closed. 26.09.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Additional District Judge, Fast Track Court No.1, Thoothukudi 2.The District Munsif, Srivaikuntham 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 26.09.2023