Veluchamy v. Shanmugam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.1202 of 2003 & MP(MD)Nos.1 to 3 of 2013 Veluchamy ...Appellant vs.

1.Shanmugam 2.Veilan ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 19.03.2003 in A.S.No. 6 of 2003 on the file of the Sub Court, Sankarankoil reversing the Judgment and Decree dated 26.11.2002 in O.S.No.248 of 1998 on the file of the Additional District Munsif, Sankarankoil granting relief of 1/3rd share in so far as third item of the 1st schedule property. For Appellant :

Mr.R.T.Arivukumar For Respondents :

No appearance

JUDGMENT

Both the appellant and the respondents died long before. M.P(MD)Nos.1 to 3 of 2013 were filed to condone delay, set aside the abatement and bring on record the LRs of the deceased sole appellant. No steps were taken regarding the respondents either in the Miscellaneous Petitions or in the appeal. Since no respondents are surviving in the Miscellaneous Petitions, M.P(MD)Nos.1 to 3 of 2013 are dismissed as abated. Neither the appellant nor the respondents survive in the main appeal. Therefore, the Second Appeal is also dismissed as abated. No costs.

20.06.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Sub Court, Sankarankoil 2.The Additional District Munsif Court, Sankarankoil. 3.The Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

P.VELMURUGAN , J.

mbi 20.06.2023