Pauldurai v. Paul Nadar, (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR 1.Pauldurai 2.Lakshmi ... Appellants/Respondents/ Defendants Vs.

1.Paul Nadar (Died) ... 1st Respondent/Appellant/ Plaintiff 2.P.Annapackiam 3.C.Dharmakani 4.J.Selvarani ... Respondents 2 to 4 [Respondents 2 to 4 - brought on record as LRs of the deceased sole respondent vide order dated 02.08.2013 in M.P.Nos.1 to 3 of 2007 in S.A.No.1283 of 2002] Prayer: Appeal filed under Section100 of Civil Procedure Code to set aside the judgment and decree dated 26.03.2002 made in A.S.No.289 of 2001 on

the file of the Additional District Judge cum Chief Judicial Magistrate, Tirunelveli, reversing the judgment and decree dated 19.10.2001 made in O.S.No.177 of 1996 on the file of the District Munsif cum Judicial Magistrate, Nanguneri.

For Appellants :

Mr.M.P.Senthil for Mr.J.Antony Jesus For RR3 & 4 :

Ms.P.Jessi Jeeva Priya Respondents 1 & 2 :

Died

JUDGMENT

It is brought to the notice of this Court that both the appellants in this second appeal passed away long back. It is further represented by the learned counsel for the appellants that in spite of his best efforts to secure the details of the legal representatives of the deceased appellants, he could not get any response. Hence, this Court is left with no other alternative option, except to dismiss the appeal as abated.

2. Accordingly, this Second Appeal is dismissed as abated. However, there shall be no order as to costs. 23.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes ABR To 1.The Additional District Judge cum Chief Judicial Magistrate, Tirunelveli.

2.The District Munsif cum Judicial Magistrate, Nanguneri.

MUMMINENI SUDHEER KUMAR, J.

ABR 23.01.2024