Sivanandi, S/O. Rockken, v. Gurusamy, S/O.Vazhakkan Servai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.Sivanandi 2.Sruthi 3.Sivani 4.Arumugam ...Appellants vs.

1.Gurusamy 2.Gunasekaran 3.Naga Valli 4.Rajendran ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 22.09.2003 in A.S.No. 73 of 2000 on the file of the Subordinate Court, Paramakudi reversing the Judgment and Decree dated 06.06.2000 in O.S.No.561 of 1994 on the file of the District Munsif Court, Paramakudi. For Appellants :

Mr.C.Susikumar for Mr.G.S.Ashok Adhithyan For Respondents :

Mr.PT.S.Narendravasan

JUDGMENT

When this matter was taken up for hearing today, the learned counsel appearing for the appellants submitted that all the appellants and the first respondent have passed away long before. The learned counsel would further submit that he has sent letters to all the four appellants and the letter sent to the first appellant returned as 'deceased' and the letters sent to the appellants 2 to 4 returned as 'no such person'.

2. As per the submission of the learned counsel for the appellants, all the appellants have passed away long before. Since, till date, no steps, whatsoever, have been taken to bring on record the legal representatives of the deceased appellants, the Second Appeal gets abated automatically. Therefore, recording the submission of the learned counsel for the appellants, this Second Appeal is dismissed as abated. No costs.

01.08.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

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

KRISHNAN RAMASAMY , J.

mbi 01.08.2023