Madras High CourtSA/1488/2001dismissed as abated

Smt.Allah Pitchai Beevi v. Nagore Pitchai Marakkayar

2023-07-04Honourable Mr Justice P.Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.Smt.Allah Pitchai Beevi 2.Smt.Saseena Beevi ... Appellants Vs.

1.Nagore Pitchai Marakkayar 2.Sayad Marakkayar 3.Mohideen Pitchai 4.Meera Saheb

...Respondents

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 09.03.1999 passed by the Sub-Court, Tuticorin in A.S.No.196 of 1996 confirming the judgment and decree, dated 09.08.1996 passed by the District Munsif, Tuticorin in O.S.No.558 of 1994.

For Appellants : Mr.S.Ramesh For Respondents : No appearance

J U D G M E N T

It is seen from the records that the first respondent died on 14.08.2007. The appellants have filed the petitions to condone the delay of 376 days in filing the petitioner to set aside the abatement caused due to the death of the first respondent, set aside abatement and to bring on record the legal representatives of the deceased first respondent. Pending applications, all the respondents died. Therefore, the second appeal is dismissed as abated. No costs.

Index : Yes / No Speaking Order : Yes / No 04.07.2023 am

To 1.The Sub-Court, Tuticorin.

2.The District Munsif, Tuticorin.

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

P.VELMURUGAN, J.

am 04.07.2023