Murugan S/O.Sangu Servai v. Poovammal W/O. Chinnathambi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.20 of 2001 1.Murugan 2.Avudaimmal ...Appellants vs.

Poovammal ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 05.06.2000 in A.S.No. 157 of 1992 on the file of the Subordinate Court, Ambasamudram reversing the Judgment and Decree dated 03.09.1990 in O.S.No.1101 of 1987 on the file of the District Munsif Court, Ambasamudram. For Appellants :

Mr.Arivukumar for Mr.A.R.Nixon For Respondent :

Mr.S.Kumar for Mrs.Uma Ramanathan W.P.No.16428 of 1999 Murugan

...Petitioner

vs.

1.The District Revenue Officer, Tirunelveli.

2.The Special Deputy Collector, Revenue Court, Madurai.

3.The Record of Tenancy Right Tahsildar, Ambasamudram 4.Poovammal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of certiorarified mandamus calling for the records relating to the Order passed in Revision Petition No.E.2-5/95, dated 07.09.1999 by the first respondent confirming the order in Appeal No.2/95, dated 31.08.1995 passed by the second respondent setting aside the Order passed by the third respondent in T.R.No.73/86, dated 02.01.1995 and quash the same and forbear the fourth respondent from interfering with the petitioner's physical possession and enjoyment of 80 cents of land out of 2 acres 67 cents in S.No.703, in Vickramasingapuram, Ambasamudram Taluk, Tirunelveli District. For Petitioner :

Mr.Arivukumar for Mr.A.R.Nixon For Respondents :

Mr.S.Kumar for Mrs.Uma Ramanathan for R4 No appearance for R1 to R3

COMMON ORDER When the matter is taken up for hearing today, the learned counsel appearing for the appellants in the Second Appeal would submit that both the appellants and the respondent in the appeal died long back.

2. The first appellant in the appeal is the petitioner in the writ petition. Therefore, the appellants in the appeal and the petitioner in the writ petition died long back. However, no steps were taken till date to bring on record the legal heirs of the deceased persons. If steps were not taken within 90 days pursuant to the death of the appellants / petitioners, the appeal / petition would abate. Therefore, the second appeal and the writ petition are dismissed as abated. No costs. 27.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Subordinate Court, Ambasamudram.

2.The District Munsif Court, Ambasamudram.

3.The District Revenue Officer, Tirunelveli.

4.The Special Deputy Collector, Revenue Court, Madurai.

5.The Record of Tenancy Right Tahsildar, Ambasamudram

P.VELMURUGAN , J.

mbi S.A.No.20 of 2001 and W.P.No.16428 of 1999 27.04.2023