Madras High CourtAS(MD)/27/2014dismissed as abated

K.Muniyandi v. P.Anna Poorani

2023-09-08Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 08.09.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR A.S(MD)No.27 of 2014 K.Muniyandi : Appellant/2nd Respondent/ 1st Defendant Vs.

1.P.Anna Poorani 2.Umadevi 3.P.Pandiaraj 4.Ramkumar : Respondents 1 to 4/Petitioners/ Defendants 2 to 5 5.Jothi Prakasam 6.Asan Mydeen 7.The Manager, Sivakasi Town Cooperative Bank, Sivakasi, Virudhunagar District.

8.Sekar : Respondents 5 to 8/Respondents 3 to 6/ Defendants 6 to 9 9.Muthu Lakshmi

10. Nithya 1/4

11. Nirmala : Respondents 9 to 11/ Respondents 7 to 9 LRs of the plaintiffs PRAYER:- Appeal Suit filed under Order 41 Rule 1, 2 and Section 96 of C.P.C., against the judgment and decree passed in I.A.No.40 of 2004 in O.S.No.13 of 1999, dated 30.04.2013 on the file of the learned Principal District Judge, Viruthunagar at Srivilliputhur. For Appellants : No Appearance For Respondent : Mr.S.Ramesh, for R1 to R4, : Mr.H.Lakshmi Shankar, for R9 to R11, : No Appearance for R6 and R7.

J U D G M E N T

The Appeal Suit is directed against the judgment and decree passed in I.A.No.40 of 2004 in O.S.No.13 of 1999, dated 30.04.2013 on the file of the learned Principal District Judge, Viruthunagar at Srivilliputhur.

2. Notice sent to the appellant was returned as 'died'.

3. When the matter is taken up for hearing today, the learned counsel for the respondents would submit that the Civil Revision Petition in C.R.P.(NPD) (MD)No.1699 of 2011, filed by the appellant, was taken up for hearing on 2/4

19.11.2020, it was reported that the petitioner therein/appellant herein was dead on 03.10.2019 and since no steps were taken, the revision was ordered to be dismissed and they have also produced the copy of the order dated 19.11.2020.

4. Since steps are not taken, the Appeal Suit is dismissed as abated. No costs.

08.09.2023 NCC : Yes :No Index : Yes : No Internet : Yes : No das To 1.The Principal District Judge, Viruthunagar, at Srivilliputhur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das A.S(MD)No.27 of 2014 08.09.2023 4/4