K.T.Udayar Ambalam, v. V.Periannan Ambalam,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.Nos.1596 and 1597 of 1993 In S.A.No.1596 of 1993, 1.K.D.Udayar Ambalam 2.K.P.Somasundaram Ambalam ...Appellants vs.

V.Periannan Ambalam

...Respondent

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 11.09.1992 in A.S.No. 48 of 1990 on the file of the Subordinate Court, Devakottai reversing the Judgment and Decree dated 09.10.1990 in O.S.No.1 of 1987 on the file of the District Munsif Court, Devakottai.

For Appellants :

No appearance For Respondent :

Mr.K.P.Thiagarajan

In SA.No.1597 of 1993, 1.K.T.Udayar Ambalam 2.K.Somasundaram Ambalam ...Appellants vs.

P.R.Senthilnathan

...Respondent

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 11.09.1992 in A.S.No. 49 of 1990 on the file of the Subordinate Court, Devakottai reversing the Judgment and Decree dated 09.10.1990 in O.S.No.2 of 1987 on the file of the District Munsif Court, Devakottai.

For Appellants :

No appearance For Respondent :

Mr.K.P.Thiagarajan COMMON JUDGMENT When the matters came up on 20.06.2023, there was no representation for the appellants. Therefore, it was ordered to be listed today. It was made clear that no further time will be granted.

2. When the matters are taken up for hearing today, the learned counsel appearing for the sole respondent would submit that the sole respondent in both the appeals died long before.

3. So far, the appellants have not taken any step to bring on record the legal representatives of the deceased sole respondent in both the appeals. Moreover, they have not taken any step to appear before this Court and prosecute the appeal. Once the sole respondent died, if steps have not been taken within 90 days, the appeals get abated automatically.

4. In view of the above, the Second Appeals are dismissed as abated. No costs.

23.06.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Subordinate Court, Devakottai.

2.The District Munsif Court, Devakottai.

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

P.VELMURUGAN , J.

mbi S.A.Nos.1596 and 1597 of 1993 23.06.2023