Madras High CourtSA(MD)/197/2022dismissed as abated

Annapackiyam, v. Manickaraj,

2023-04-12Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and C.M.P.(MD)No.2307 of 2022 Annapackiyam ... Appellant /Vs./ Manickaraj ... Respondent P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree passed in A.S.No.05 of 2014, on the file of the Subordinate Judge, Sankarankovil, dated 28.08.2014 confirming the judgment and decree passed in O.S.No.256 of 2010 on the file of the Additional District Munsif Court, Sankarankovil, dated 07.11.2013.

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For Appellant : Mr.R.Venkatesan For Respondent : Mr.F.X.Eugene

JUDGMENT

This matter is listed under the caption 'For Dismissal' today. The learned counsel appearing for the appellant reports no instructions in this matter.

2. On the last hearing date, ie., on 09.03.2023, the learned counsel appearing for the appellant had submitted that the sole appellant is dead and hence, he had sought time to takes steps to bring on record the legal heirs of the deceased sole appellant. It was made clear in the earlier order dated 09.03.2023 that if the steps are not taken to bring on record the legal heirs of the deceased sole appellant before the next hearing date, this Second Appeal shall stand automatically dismissed as abated. 2/4

3. Since steps have not been taken till date to bring on record the legal heirs of the deceased sole appellant, this Second Appeal is dismissed as abated. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

12.04.2023 Index : Yes / No NCC : Yes / No Sm 3/4

ABDUL QUDDHOSE, J.

Sm TO:

1.The Subordinate Judge, Sankarankovil.

2.The Additional District Munsif Court, Sankarankovil. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Judgment made in Dated:

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