Joseph, S/O Isaac Nadar, v. Thankayyan, S/O Ummini Nadar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.1690 of 2002 & M.P(MD)Nos.1 of 2012 & 1 of 2013 Joseph ...Appellant vs.

1.Thankayyan 2.Thankappan 3.Chellan ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 25.07.2002 in A.S.No. 68 of 1996 on the file of the II Additional Sub Court, Kuzhithurai reversing the Judgment and Decree dated 11.08.1995 in O.S.No.440 of 1984 on the file of the Additional District Munsif Court, Kuzhithurai. For Appellant :

Mrs.J.Anandhavalli For Respondents :

No appearance For R12 & R17 in M.P(MD) No.1/2023 :

Mr.A.Arumugam

JUDGMENT

The learned counsel appearing for the proposed respondents 12 and 17 in M.P(MD)No.1 of 2013 would submit that the appellant has died nine years ago itself.

2. Though the appellant has died nine years ago, so far, no steps have been taken to bring on record the legal representatives of the sole appellant to prosecute the appeal. Therefore, the Second Appeal is dismissed as abated. No costs. Consequently, the connected Miscellaneous Petitions are closed.

10.07.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The II Additional Sub Judge, Kuzhithurai.

2.The Additional District Munsif, Kuzhithurai. 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

P.VELMURUGAN , J.

mbi 10.07.2023