Ramaiah, v. Ganapathy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and M.P(MD)No.2 of 2015 Ramaiah ... Appellant/Respondent/ Defendant Vs.

Ganapathy

...Respondent/Appellant/

Plaintiff PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree of the lower Appellate Court, dated 28.03.2014 passed in A.S.No.35 of 2010 on the file of the Subordinate Court, Melur Camp, reversing the judgment and decree of the trial Court, dated 19.08.2009 passed in O.S.No.263 of 2007 on the file of the District Munsif Court, Melur and to allow the present Second Appeal. For Appellant : Mr.N.Rahamadullah For Respondent : No Appearance 1/4

JUDGMENT

When the appeal was taken up for hearing on 17.02.2025, the learned counsel for the appellant sought short accommodation for taking steps for deceased sole appellant and therefore, the case was directed to be listed on 03.03.2025. On 03.03.2025, when the case was taken, there was no representation for the appellant and hence, the case was listed today under the caption ''for dismissal''.

2. Today (07.03.2025), when the case was taken up for hearing, the learned counsel for the appellant submitted that he could not able to contact the appellant's legal heirs.

3. The Second Appeal is pending from the year 2023, and till date no steps have been taken to implead the legal heirs of the deceased sole appellant. Hence, this Second Appeal is dismissed as abated. No costs. Consequently, the connected miscellaneous petition is closed. 07.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No VSD 2/4

To 1 The Subordinate Court, Melur Camp.

2.The District Munsif Court, Melur.

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

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P.VADAMALAI, J.

VSD JUDGMENT MADE IN and M.P(MD)No.2 of 2015 07.03.2025 4/4