Mariya Irudyam v. Rathinabai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Mariya Irudyam ...Plaintiff/Appellant/Appellant -VsRathinabai ...2nd Defendant/Respondent/Respondent PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 11.02.2003 made in A.S.No.156 of 1997 on the file of the Subordinate Court, Padmanabapuram, reversing the judgment and decree dated 12.08.1997 made in O.S.No.790 of 1995 on the file of the Additional District Munsif, Eraniel.

For Appellant : Mr.P.Thiagarajan for Mr.T.R.Rajaraman For Respondents : Mr.C.Godwin 1/3

JUDGMENT

A Memo dated 03.04.2023 has been filed by the learned counsel for the appellant to the effect that the sole respondent died, since the notice sent to the respondent was returned with an endorsement "died". Notice was sent on 28.03.2022. Therefore, it appears that the sole respondent died even one year before. However, no steps have been taken. Hence, this Second Appeal is dismissed. No costs.

13.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No SSB To 1.Subordinate Court, Padmanabapuram 2.Additional District Munsif, Eraniel.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

2/3

P.VELMURUGAN , J.

SSB 13.04.2023 3/3