Chellathai Nadachi v. Murugan Asari,S/O.Arumugha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.08.2023

CORAM

THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY Chellathai Nadachi ... Appellant -vsMurugan Asari ... Respondent PRAYER: Second Appeal filed under Section 100 Code of Civil Procedure against the Judgment and Decree dated 06.08.2002 made in A.S.No.47 of 1996 on the file of the Additional Sub Judge, Padmanabhapuram (Camp), confirming the Judgment and Decree dated 15.03.1996 made in O.S.No.723 of 1993 on the file of the Principal District Munsif, Padmanabhapuram.

For Appellant ... Mr.K.N.Thambi For Respondent ... No appearance 1/3

JUDGMENT

It is seen that the sole respondent passed away. Hence, the petition in CMP No.19902 of 2003 was filed to bring on record the proposed respondents 1 to 5 as legal heirs of the deceased sole respondent. Pending the said petition, the proposed respondents 1, 2, 4 and 5 passed away. Further, notice sent to the proposed third respondent is returned unserved with an endorsement "not in the address" and the learned counsel for the appellant expressed his inability to get the correct address of the third respondent. Hence, CMP No.19902 of 2003 was dismissed.

2. In view of the dismissal of CMP No.19902 of 2003, the second appeal is dismissed as abated. No costs.

24.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes skn To:

1.The Additional Sub Judge, Padmanabhapuram (Camp). 2.The Principal District Munsif, Padmanabhapuram. 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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KRISHNAN RAMASAMY, J.

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