Annamayil v. Vasuki

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and C.M.P.No.18382 of 2003 and C.M.P(MD)No.877 of 2005 and C.M.P(MD)No.15740 of 2023 Annamayil ...Appellant/2nd Respondent/2nd Defendant -Vs1.Vasuki 2.Vellachamy(died) 3.Kathiresan 4.Magendran 5.Renuka Devi 6.Radha (R3 to R6 are brought on record as LRs of deceased R2 Vide Court order dated 04.04.2017 made in CMP(MD)Nos.2096 to 2098 of 2017 in S.A.No.2011 of 2003. ...Respondent/Appellant/2nd Defendant Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree, dated 25.02.2003 made in A.S.No.83 of 2001 on the file of the Principal District Judge, Tiruchirapalli, reversing the Judgment and Decree, dated 29.03.2000 made in O.S.No.1597 of 1989 on the file of II Additional District Munsif Court, Tiruchirapalli. For Appellant : Mr.I.Vel Pradeep For Respondent : No appearance * * * * *

JUDGMENT

This Second Appeal has been filed against the Judgment and Decree, dated 25.02.2003 made in A.S.No.83 of 2001 on the file of the Principal District Judge, Tiruchirapalli, reversing the Judgment and Decree, dated 29.03.2000 made in O.S.No.1597 of 1989 on the file of II Additional District Munsif Court, Tiruchirapalli.

2.When the matter was taken up for hearing, the learned Counsel appearing for the appellant submitted that the sole appellant died on 01.08.2024 and no steps have not been taken within the stipulated time. He has filed the death certificate to the said effect.

3.Recording the same, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petitions are also closed. 23.01.2025 1/3 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

To 1.The learned Principal District Judge, Tiruchirapalli. 2.The II Additional District Munsif Court, Tiruchirapalli. 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

V.SIVAGNANAM. J, RJR 23.01.2025 1/3