Kumaravel vs Gopi
2023 Latest Caselaw 4997 Mad

                                                                                  S.A.(MD)No.327 of 2014



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 28.04.2023

                                                             CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                   S.A.(MD)No.327 of 2014

                     Kumaravel                                                    ...Appellant
                                                              vs.

                     Gopi                                                         ... Respondent


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 28.10.2010 in A.S.No.
                     27 of 2009 on the file of the Sub Court, Padmanabapuram reversing the
                     Judgment and Decree dated 30.01.2009 in O.S.No.145 of 2007 on the
                     file of the Principal District Munsif Court, Padmanabapuram.

                                  For Appellant          :      Mr.G.Mohan Kumar

                                  For Respondent         :      Mr.R.Nandakumar




                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                    S.A.(MD)No.327 of 2014



                                                            ORDER

The learned counsel appearing for the respondent has given a letter

dated 12.04.2023 to the Registry, stating that the sole appellant died on

01.06.2013 itself and since the legal heirs of the sole appellant, who are

the brothers and sisters of the plaintiff have no adverse claim as against

the plaintiff, they have not come forward to implead themselves in the

Second Appeal. Therefore, the Second Appeal is abated on the death of

the sole appellant.

2. In view of the letter dated 12.04.2023 given by the learned

counsel for the respondent, the Second Appeal is dismissed as abated.

No costs.

28.04.2023

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

mbi

https://www.mhc.tn.gov.in/judis S.A.(MD)No.327 of 2014

To

1.The Sub Court, Padmanabapuram.

2.The Principal District Munsif Court, Padmanabapuram.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.327 of 2014

P.VELMURUGAN, J.

mbi

S.A.(MD)No.327 of 2014

28.04.2023

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