Sabastiyayee v. M/S.,Paulraj,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Sabastiyayee : Appellant -vsPaulraj : Respondent PRAYER: The Second Appeal is filed under Section 100 C.P.C against the Judgment and Decree in A.S.No.156 of 2008 on the file of the Principal Subordinate Judge, Tirunelveli, dated 13.01.2004 reversing the Judgment and decree of the Principal District Munsif, Valliyoor in O.S.No. 528 of 1992, dated 08.12.2000.

For Appellant :

No appearance

JUDGMENT

This Second Appeal is filed by the original plaintiff aggrieved by the reversing Judgment passed by the learned Principal Sub Court,

Thirunelveli.

2. The learned counsel appearing for the appellant filed a memo, dated 03.11.2023 intimating that the sole appellant is no more.

3. Today, when the matter is taken up for consideration, it is submitted by the learned counsel for the appellant that in view of the death of the sole appellant he is not in a position to secure the details of the Legal Representatives of the deceased sole appellant nor communicate with the Legal Representatives of the deceased appellant.

4. In view of the same, the Second Appeal is already abated consequent upon the death of the sole appellant. Accordingly, the Second Appeal is dismissed as abated. Leaving it open to the Legal Representatives of the deceased sole appellant to take appropriate steps for restoration of the appeal if they are so advised. No costs. 07.02.2024 Internet : Yes / No Index : Yes / No trp

To

1. The Principal Subordinate Judge, Tirunelveli

2. The Principal District Munsif, Valliyoor

MUMMINENI SUDHEER KUMAR. J.

trp 07.02.2024