Ramayi vs Vanjiappan
2021 Latest Caselaw 14445 Mad

                                                                                S.A.No.1621 of 2008

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 19.07.2021

                                                        CORAM
                                        THE HON'BLE Ms.JUSTICE P.T.ASHA

                                                  S.A.No.1621 of 2008

                     Ramayi                                             ... Appellant

                                                        Vs

                     1. Vanjiappan
                     2. Vanjathal                                       ... Respondents

                     PRAYER : Second Appeal is filed under Section 100 of code of Civil

                     Procedure praying against the judgment and decree of A.S.No.49 of 2007

                     dated 20.08.2008 on the file of Sub Court, Dharapuram, reversing the

                     well considered judgment and decree of O.S.No.127 of 2004 dated

                     18.07.2007 on the file of District Munsif Court, Dharapuram.

                                      For Appellant          : No Appearance

                                      For Respondents        : Mr.V.Ragunathan for R1
                                                               R2-given up




                                                      JUDGMENT

https://www.mhc.tn.gov.in/judis/ S.A.No.1621 of 2008

A memo has been filed by the learned counsel for the Appellant

dated 05.07.2021 wherein he has stated as follows:

“During the pendency of the Second Appeal, the appellant herein died on 01.06.2021, leaving behind the respondents as her Legal Heirs.

The second respondent approached me and wanted to know whether she could proceed in this Second Appeal. I suggested that she could not transpose herself as appellant and proceed. Later she changed her mind and told me when once the said Second Appeal was not disposed of during the lifetime of her mom she does not want to proceed further. So she has told me to get the said Second Appeal dismissed.”

2. Considering the fact that the legal representatives of the

appellant are yet to be brought on record and the legal representatives

who has already arrayed as respondents is not interested in prosecuting

https://www.mhc.tn.gov.in/judis/ S.A.No.1621 of 2008

the appeal further. The Second Appeal is dismissed as abated. No order

as to costs.

19.07.2021

Index : Yes

kal

To

1. The Sub Court, Dharapuram.

2. The District Munsif Court, Dharapuram.

P.T.ASHA, J

https://www.mhc.tn.gov.in/judis/ S.A.No.1621 of 2008

kal

S.A.No.1621 of 2008

19.07.2021

https://www.mhc.tn.gov.in/judis/