Pitchaikannu, v. Ellumalai,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.09.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN A.S.(MD).No.188 of 2016 Pitchaikannu ...Appellant Vs.

Ellumalai

...Respondent

PRAYER:- First Appeal filed under Order 41 Rule 1 r/w Section 96 of C.P.C., to set aside the Judgment and Decree dated 18.08.2016 made in O.S.No.10 of 2013 on the file of the Additional District Court, Pudukottai.

For Appellant : No Appearance For Respondent : Mr.J.Anandkumar 1/4

J U D G M E N T

[Order of the Court was made by P.VELMURUGAN, J.] This First Appeal has been filed as against the judgment and Decree dated 18.08.2016 made in O.S.No.10 of 2013 on the file of the Additional District Court, Pudukottai.

2. C.M.P.(MD).No.7895 of 2018 has been filed to bring the legal heirs of the sole appellant on record. It is seen from the records that the appellant passed away on 22.06.2018 after this case was instituted. However, even after providing sufficient opportunity to the appellant, no steps have been taken to implead the legal heirs of the sole appellant. Therefore, the application filed to implead the legal representatives of the sole appellant in C.M.P.(MD).No.7895 of 2018 was dismissed by order, dated 02.09.2024.

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3.In view of the order passed in C.M.P.(MD).No.7895 of 2018, this First Appeal stands dismissed as abated. There shall no order as to costs. [P.V.J,] [K.K.R.K.J,] 02.09.2024 NCC : Yes/No Index : Yes/No sbn To 1.The Additional District Court, Pudukottai.

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

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P.VELMURUGAN.J., and K.K.RAMAKRISHNAN.J., sbn A.S.(MD).No.188 of 2016 02.09.2024 4/4