Kaliyammal v. Rajamanickam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and C.M.P(MD).No.16523 of 2003 1.Kaliyammal 2.Duraisamy 3.Sivasamy ...Appellants vs.

Rajamanickam ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 30.10.2001 in A.S.No.158 of 1999 on the file of the Additional Subordinate Court, Kumbakonam, reversing the decree and judgment in O.S.No.44 of 1990 dated 30.10.1998 on the file of the First Additional District Munsif Court, Kumbakonam.

For Appellants :

Mr.V.K.Vijayaraghavan For Respondent :

Mr.R.Devaraj

JUDGMENT

The learned counsel appearing for the appellants submits that the appellants 2 and 3 died and in respect of the first appellant also, notice sent to her was returned as died.

2. Though the appellants died long before, till date, no steps have been taken to bring on record the legal representatives of the deceased appellants. In view of the same, the Second Appeal is dismissed as abated. No costs. Connected miscellaneous petition is closed. 31.08.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order ssb

To 1.The Additional Subordinate Court, Kumbakonam 2.The First Additional District Munsif Court, Kumbakonam 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

ssb 31.08.2023