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Madras High CourtSA/1392/2001dismissed as abated

Manickam. v. Vairam

2023-07-11Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Manickam ... Appellant Vs.

1.Vairan 2.Raman (Died) 3.Rengasamy 4.Muthiriammal 5.Govindammal 6.Arumugam 7.Krishnammal 8.Raju 9.Srirangammal 10.Chandrasekaran 11.Rasu Muthiriyar 12.Samundhan 13.Subramanian 14.Thulasiammal ... Respondents (Respondents 12 to 14 are brought on record as Lrs of the deceased second respondent vide Court Order dated 12.06.2023 made in C.M.P.No.3673 of 2002)

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 07.12.1999 made in A.S.No. 124 of 1996, on the file of the Sub-Court, Kulithalai confirming the judgment and decree, dated 29.11.1988 made in O.S.No.231/1985, on the file of the District Munsif, Kulithalai.

For Appellant : Mr.M.Sriram For R1 : Mrs.J.Maria Roseline

J U D G M E N T

Sole appellant died long back, so far, no steps have been taken. Within 90 days from the date of death, the legal representatives of the deceased sole appellant ought to have taken steps to bring on record the legal representatives, but they have failed to bring the legal representatives on record within 90 days. Therefore, the second appeal is dismissed as abated. No costs.

Index : Yes / No Speaking Order : Yes / No 11.07.2023 am

To 1.The Sub-Court, Kulithalai.

2.The District Munsif, Kulithalai.

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

P.VELMURUGAN, J.

am 11.07.2023