Aadhi Narayanan, v. Kandasamy Chettiar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.M.P(MD)No.4612 of 2021 in S.A(MD)No.SR9958 of 2021 Aadhi Narayanan ... Petitioner / Appellant Vs 1.Kandasami Chettiar 2.Govindaraj 3.Subburaj 4.Minor. Ramar 5.Minor. Lakshmanan (R4 and R5 are represented through R1, as their father and natural guardian) ... Respondents / Respondents Prayer in C.M.P(MD)No.4612 of 2021 : Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 358 days in preferring the present second appeal against the judgment and 1/4

decree dated 13.08.2019 made in A.S.No.25 of 2017 passed by the learned Subordinate Judge.

Prayer in S.A(MD)No.SR9958 of 2021 : Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree dated 13.08.2019 made in A.S.No.25 of 2017 by the learned Subordinate Judge, Aruppukottai, by confirming the order passed by the learned Principal District Munsiff, Aruppukottai, dated 01.12.2016 passed in O.S.No.227 of 2006.

For Petitioner : No appearance For Respondents : No appearance

ORDER

The sole appellant is reported to be dead. On 26.04.2024, it was submitted by the learned counsel on record for the petitioner that he has returned the bundle to the petitioner. Since the petitioner is reported to be dead and none appears on behalf of him and no step has been filed, no purpose is going to be served in keeping this petition pending. 2/4

2. Accordingly, this Civil Miscellaneous Petition is dismissed as abated and the Second Appeal is rejected at the SR stage itself. 16.07.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To

1. The Subordinate Judge, Aruppukottai.

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

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G.ILANGOVAN, J.

pnn

ORDER

IN C.M.P(MD)No.4612 of 2021 in S.A(MD)No.SR9958 of 2021 16.07.2024 4/4