Sasikumar vs Ellammal
2023 Latest Caselaw 3913 Mad

                                                                       S.A.No.1498 of 2010 & M.P. No.1 of 2010


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 06.04.2023

                                                         CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                    S.A.No.1498 of 2010
                                                            &
                                                     M.P. No.1 of 2010

                     Sasikumar                                                            ... Appellant
                                                           ..Vs..
                     1. Ellammal
                     2. Andal
                     3. Selvi
                     4. Banu
                     5. Manthiri Gounder                                                ... Respondents

                     PRAYER : Second Appeal filed under Section 100 of C.P.C., against the
                     decree and judgment dated 06.10.2009 passed in A.S. No.68 of 2007 on
                     the file of Sub-Court, Arni, Thiruvannamalai District, modifying the
                     decree and judgement dated 27.04.2007 in O.S.No. 151 of 1999 on the
                     file of the District Munsif Court, Polur, Thiruvannamalai District.

                                    For Appellant           : No appearance
                                    For R5                  : Ms. V. Srimathi
                                                       JUDGMENT

The learned counsel for the appellant reported no instructions

for the appellant on 13.12.2022. Hence, the Registry was directed to

issue drafted notice to the sole appellant and list the matter after serving

notice to him.

https://www.mhc.tn.gov.in/judis R. HEMALATHA, J.

S.A.No.1498 of 2010 & M.P. No.1 of 2010

bga

2. It is seen from the notice papers that the drafted notice sent to

the sole appellant returned with an endorsement "the addressee deceased".

Since the sole appellant is dead long back and no steps have been taken to

implead his legal heirs till date, the Second Appeal is dismissed as

abated. No costs. Consequently connected miscellaneous petition is

dismissed.

06.04.2023 Index : Yes/No Internet : Yes/No bga

To

1. The Subordinate Judge, Arni, Thiruvannamalai District.

2. The District Munsif, Polur, Thiruvannamalai District.

3. The Section Officer, V.R. Section, High Court, Madras

S.A.No.1498 of 2010 & M.P. No.1 of 2010

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