D. Pathrose v. The President

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY D.Pathrose ...Appellant vs.

1.The President, Representing the parents teachers association, Government Middle School, Kallukoottam.

2.The Executive Officer, Kallukottam Town Panchayat, Kallukottam, Kanyakumari District.

... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 13.10.2004 in A.S.No. 104 of 2002 on the file of the Subordinate Judge, Padmanabhapuram confirming the Judgment and Decree dated 14.12.2001 in O.S.No.171 of 1998 on the file of the District Munsif cum Judicial Magistrate Court, Eraniel.

For Appellant :

Mr.B.Brijesh Kishore For Respondents :

No appearance

JUDGMENT

The learned counsel for the appellant has filed a Memo dated 07.09.2009 stating that the sole appellant died on 28.07.2007 itself. This Court has also recorded the same and granted time on three occasions i.e., on 07.09.2009, 08.10.2009 and 14.07.2011 for taking steps, however, till date no steps have been taken in this regard.

2. In view of the above, the Second Appeal is dismissed as abated. No costs.

21.08.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Subordinate Judge, Padmanabhapuram 2.The District Munsif cum Judicial Magistrate, Eraniel 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 21.08.2023