Palaniyammal, v. Ramachandran,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 13.07.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and M.P.(MD)Nos.1 and 2 of 2014 1.Palaniyammal 2.Menaka : Appellants Vs.

Ramachandran : Respondent PRAYER:- Civil Miscellaneous Appeal filed under Section 43 Rule 1(u) of the Civil Procedure Code, against the judgment and decree dated 30.01.2014 in A.S.No.133 of 2012 on the file of the I Additional Subordinate Judge, Tiruchirappalli reversing the judgment and decree dated 29.09.2011 in O.S.No.99 of 2005 on the file of the Additional District Munsif, Lalgudi.

For Appellants : Mr.G.S.Asok Adhithyan For Respondent : Mr.P.Thiyagarajan 1/4

J U D G M E N T

The Civil Miscellaneous Appeal has been preferred under Section 43 Rule 1(u) of the Civil Procedure Code, challenging the judgment and decree dated 30.01.2014 in A.S.No.133 of 2012 on the file of the I Additional Subordinate Judge, Tiruchirappalli reversing the judgment and decree dated 29.09.2011 in O.S.No.99 of 2005 on the file of the Additional District Munsif, Lalgudi.

2. When the matter is taken up for hearing today, the learned counsel for the appellants would submit that he is not having any instructions from the appellants.

3. It is seen from the records that the learned counsel for the respondent has already filed a memo stating that the sole respondent died on 20.09.2015, along with particulars of legal representatives of the deceased respondent.

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4. Despite sufficient time, steps were not taken. Hence, the Civil Miscellaneous Appeal is dismissed as abated. No costs. Consequently connected Miscellaneous Petitions are closed. 13.07.2023 Index : Yes : No Internet : Yes : No das To 1.The I Additional Subordinate Judge, Tiruchirappalli.

2.The Additional District Munsif, Lalgudi.

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

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K.MURALI SHANKAR,J.

das and M.P.(MD)Nos.1 and 2 of 2014 13.07.2023 4/4