K.K.Kamatchi Chettiar (Died) vs S.J.Premkumar
2023 Latest Caselaw 9432 Mad

                                                                                     S.A.No.263 of 2003



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 01.08.2023

                                                             CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                                  S.A.No.263 of 2003 &
                                                  C.M.P.No.2420 of 2003

                     1.K.K.Kamatchi Chettiar (died)
                     2.K.Ganapathy                                               ...Appellant
                     (A2 is brought on record as LR of the deceased sole appellant vide Court
                     order         dated   05.08.2020   in   C.M.P.(MD)No.10389     of   2019       in
                     C.M.P(MD)No.10677 to 10679 of 2018 in S.A.No.263 of 2003)
                                                              vs.
                     S.J.Premkumar                                             ... Respondent


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 31.10.2002 in A.S.No.
                     37 of 2002 on the file of the Additional District Judge (Fast Track Court),
                     Virudhunagar confirming the Judgment and Decree dated 29.10.1999 in
                     O.S.No.276 of 1996 on the file of the District Munsif Court,
                     Virudhunagar.

                     For Appellant                              :    Mrs.P.Jessi Jeeva Priya

                     For Respondent                             :    Mr.S.Deenadhayalan


                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                        S.A.No.263 of 2003



                                                          JUDGMENT

When this matter was taken up for hearing on 07.01.2022, the

learned counsel appearing for the appellant submitted that the sole

appellant passed away. The appellant counsel had also filed a Memo

dated 20.12.2021 stating that the sole appellant, namely, K.Ganapathi

died on 20.08.2021.

2. From the Memo filed by the appellant counsel, it is seen that the

appellant has died long before. However, till date, no steps have been

taken to bring on record the legal representatives of the deceased

appellant. In view of the same, the Second Appeal is dismissed as

abated. No costs. Consequently, the connected Miscellaneous Petition is

closed.

01.08.2023

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

mbi

https://www.mhc.tn.gov.in/judis S.A.No.263 of 2003

To

1.The Additional District Judge, Fast Track Court, Virudhunagar

2.The District Munsif, Virudhunagar

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

https://www.mhc.tn.gov.in/judis S.A.No.263 of 2003

KRISHNAN RAMASAMY, J.

mbi

S.A.No.263 of 2003

01.08.2023

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