← Library
Madras High CourtSA/1319/2003dismissed as abated

S.Rajaiya, v. Kumaran Thambi,

2023-04-25Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN SA.No.1319 of 2003 & C.M.P.No.11402 of 2003 1.S.Rajaiya 2.M.Paul Ravin ...Appellants vs.

Kumaran Thambi ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 13.01.2003 in A.S.No. 122 of 1997 on the file of the Sub Court, Padmanabhapuram confirming the Judgment and Decree dated 29.04.1997 in O.S.No.199 of 1995 on the file of the Additional District Munsif Court, Eraniel. For Appellants :

Mr.P.Thiagarajan for Mr.T.R.Rajaraman For Respondent :

Mr.S.Giridharan

ORDER

The learned counsel appearing for the respondent has filed a Memo dated 20.04.2023 stating that the respondent in the appeal died on 08.06.2019.

2. The appeal is of the year 2003. The respondent died on 08.06.2019 itself. Despite the lapse of four years, the appellants have not taken any steps till date to bring on record the legal heirs of the deceased respondent. Therefore, the Second Appeal is dismissed as abated. No costs. Consequently, the connected Miscellaneous Petition is closed. 25.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Sub Court, Padmanabhapuram.

2.The District Munsif Court, Earaniel.

P.VELMURUGAN , J.

mbi 25.04.2023