R.Krishnasamy Thevar(Died) v. Navaneetha Krishnan Thevar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.R.Krishnasamy Thevar (died) 2.Muthiah Thevar 3.Ramathal 4.Arunagiri 5.Murugan 6.Ramalakshmi 7.Vallithai 8.Shanmugathai 9.Muthupandian ...Appellants (Appellants 3 to 9 are brought on record as LRs of the deceased 1st appellant vide Court order dated 09.11.2022 in C.M.P.(MD)Nos.1097 to 1099 of 2018 in S.A.No.575 of 1999) vs.

Navaneethakrishna Thevar ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 16.02.1999 in A.S.No. 17 of 1998 on the file of the Additional Sub Court, Tenkasi reversing the

Judgment and Decree dated 04.11.1997 in O.S.No.29 of 1995 on the file of the Principal District Munsif Court, Sankarankovil. For Appellants :

Mr.K.Sathiya Singh For Respondent :

Mr.Balaji

JUDGMENT

The sole respondent has passed away and the appellants have filed petitions to condone delay, set aside abatement and bring on record the legal representatives of the deceased sole respondent. This Court vide order dated 20.06.2023, allowed the condone delay petition on condition to pay cost. Since the conditional order was not complied with, the aforesaid petitions came to be dismissed.

2. In view of the above, this Second Appeal is also dismissed as abated. No costs.

24.08.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Additional Sub Court, Tenkasi 2.The Principal District Munsif Court, Sankarankovil 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 24.08.2023