Madras High CourtSA(MD)/92/2004dismissed as abated

Pauliah v. The District Collector

2024-09-12Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P(MD)No.335 of 2004 Pauliah ... Appellant .vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.Assistant Commissioner, Office of the Land Reforms, Marungankurichi, Tirunelveli, Tirunelveli District.

3.R.Chidambara Vadivoo 4.Sivasubramaniam ... Respondent

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 26.04.2004 made in A.S.No. 108/2003 on the file of the Principal Sub-Judge, Nagercoil confirming the judgment and decree dated 25.09.2003 passed by the II Additional District Munsif, Nagercoil made in O.S.No.50/1998.

For Appellant : No appearance For R1 & R2 : Mr.R.Ragavendran Government Advocate

J U D G M E N T

When the matter came up for hearing on 11.09.2024, the learned counsel appearing for the appellant submitted that he had sent a letter to the appellant on 03.09.20024 and the same was returned as 'deceased' and reported no instructions. Therefore, this Court directed the Registry to print the name of the appellant in the cause-list and list the matter on 12.09.2024.

2. Since the sole appellant died, the name of the appellant printed in the cause list, nobody appears for the appellant and hence, this second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No Speaking Order : Yes / No 12.09.2024 am To 1.The Principal Sub-Court, Nagercoil.

2.The II Additional District Munsif, Nagercoil.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

V.BHAVANI SUBBAROYAN, J.

am S.A(MD)No.92 of 2004 12.09.2024