Ganesapandian v. Kandaya Konar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Ganesapandian ... Appellant Vs.

1.Kandaya Konar 2.Subramania Nadar ... Respondents PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree of the learned I Additional District Judge cum Chief Judicial Magistrate, Tirunelveli passed in A.S.No.163 of 2000, dated 28.06.2000 confirming the judgment and decree of the learned District Munsif cum Judicial Magistrate, Nanguneri passed in O.S.No.81 of 1997, dated 26.07.2000.

For Appellant : Mr.M.P.Senthil For Respondents : No appearance 1/4

J U D G M E N T

The learned counsel appearing for the appellant would submit that both the respondents passed away and he has also filed an application to condone the delay of 31 days in filing the petition to set aside the abatement. The said application was allowed on payment of cost of Rs.1,000/-. But the said amount has not been paid. Therefore, the condone delay petition is dismissed along with the connected petitions.

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

16.08.2023 akv To 1.The I Additional District Judge cum Chief Judicial Magistrate, Tirunelveli.

2.The District Munsif cum Judicial Magistrate, Nanguneri 2/4

3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/4

KRISHNAN RAMASAMY ,J.

akv 16.08.2023 4/4