Ayyakannu @ Kanniah v. V.Ramasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Ayyakannu @ Kanniah ... Appellant/Appellant/Plaintiff in both S.As' Vs.

V.Ramasamy ... Respondent/Respondent/Defendant in both S.As' Prayer: Second Appeals filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30.11.2004 passed in A.S.Nos.60 & 61 of 2004 on the file of the First Additional District Court, Tirunelveli, confirming the judgment and decree dated 17.12.2002 passed in O.S.Nos.74 of 2001 and 150 of 1999 on the file of the Second Additional Subordinate Court, Tirunelveli.

In both Appeals:

For Appellant : Mr.T.R.Rajaraman For Respondent : Mr.G.Prabhu Rajadurai 1/4

COMMON JUDGMENT When the matter came up of hearing on 16.07.2024, the learned counsel appearing for the appellant submitted that the sole appellant died and sought time for taking steps to implead the legal heirs of the deceased sole appellant.

2.When the matter is taken up for hearing today, the learned counsel appearing for the appellant filed a memo stating that the sole appellant namely Ayyakannu @ Kannaiah reported dead and the registered letter sent to him to his residence returned with the postal endorsement addressee 'deceased'. Hence, we are not in a position to proceed with the above Second Appeals. The said memos are taken on record.

3.Recording the submission of the learned counsel appearing for the appellant, these Second Appeals are dismissed as abated. No costs.

14.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes ps 2/4

To 1.The First Additional District Court, Tirunelveli.

2.The Second Additional Subordinate Court, Tirunelveli.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

3/4

V.BHAVANI SUBBAROYAN, J.

ps 14.08.2024 4/4