Madras High CourtSA(MD)/184/2005dismissed as abated

S.Boommiah Naidu v. S.Angaleswari

2022-07-06Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI S.Bommiah Naidu ... Defendant/Respondent/Appellant Vs S.Angalaeswari ... Plaintiff/Appellant/Respondent PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure against the decree and Judgment, dated 23.12.2003 in A.S. No. 273 of 2002 passed by the learned I Additional District Judge, Madurai, confirming the decree and Judgment in O.S.No.210 of 1998, dated 16.06.2000, passed by the learned I Additional Sub-Judge, Madurai. For Appellant :

Mr.M.P.Senthil For Respondent :

Mr. R. Suria Narayanan 1/3

JUDGMENT

Today, when the matter was taken up for hearing, the learned counsel appearing for the appellant has already filed memos stating that the sole appellant died and he handed over the entire bundle, since there is "no instructions" from the appellant.

2.Though Court notice was sent to the appellant and the same was returned as deceased, steps cannot be taken to implead the legal heirs of the appellant. Accordingly, this Second Appeal stands dismissed as abated. No costs.

06.07.2022 Index :Yes/No Internet:Yes/No PNM To The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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S. ANANTHI, J., PNM ORDER IN 06.07.2022 3/3