Madras High CourtSA(MD)/998/2006dismissed as abated

Mariammal v. Shanmuga Konar(Died)

2023-09-25Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and M.P(MD)No.1 of 2006 Mariammal ... Appellant Vs.

1.Shanmuga Konar (Died) 2.Pichan ... Respondents 3.Sankarasubbu 4.Esakkiammal (Respondents 3 & 4 are brought on record as Lrs of the deceased first respondent vide Court Order dated 02.02.2022 made in C.M.P(MD)Nos.8627, 8629 and 8630 of 2021) PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree passed in A.S.No.56 of 2004, on the file of the Sub-Court (Appellate Court) Tuticorin dated 20.12.2004 reversing the judgment and decree passed in O.S.No.5 of 2002 on the file of the District Munsif Court, Srivaiguntam dated 30.01.2004.

For Appellant : No appearance For R2 to R4 : Mr.R.T.Arivukumar

J U D G M E N T

No representation for the appellant.

2. Sole appellant died long back. 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 petition is closed.

Index : Yes / No Speaking Order : Yes / No 25.09.2023 am

To 1.The Sub-Court (Appellate Court) Tuticorin.

2.The District Munsif Court, Srivaiguntam.

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

KRISHNAN RAMASAMY, J.

am 25.09.2023