S.Rajaiyan v. S.Mariyadhas

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM S.Rajaiyan ..

Appellant -Vs1.S.Mariyadhas 2.S.Yesudhas 3.C.Sundarraj 4.Y.John Selvin 5.Amala Pushbam (Respondents 1 to 3 are exparty in the lower Court)

...Respondents

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree in A.S.No.105 of 2004, dated 06.10.2005 on the file of Sub Court, Padmanathapuram confirming the Judgment and Decree in I.A.No.895 of 2000 in O.S.No.289 of 1997, dated 25.11.2003 on the file of Principal District Munsif Court, Padmanabhapuram. For Appellant : Mr.C.Godwin For Respondents : Mr.C.Vakeeswaran for R4 and R5 * * * * *

JUDGMENT

When the matter is taken up for hearing today, the learned counsel for the appellant submitted that the sole appellant died and a letter sent to the appellant has been returned with an endorsement as died. He has also filed a memo to that effect.

2. Since the sole appellant died and his legal heirs are not brought on record within the period of limitation, this Second Appeal is dismissed as abated. No costs.

18.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No skn To 1.The Sub Court, Padmanathapuram.

2.The Principal District Munsif Court, Padmanabhapuram. 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

V.SIVAGNANAM. J, skn 18.11.2024