K. Ramasamy vs Chinna Appu

M. Jaichandren, J.—The second appeal has been filed by the defendant in the suit filed by the respondent herein in O.S. No. 1011 of 1989.

The suit had been filed by the plaintiff, praying for a decree of permanent injunction against the appellant in the present second appeal.

The appellant has filed a memo before this Court, on 04.01.2008, which is as follows:

I am the Appellant in the above Appeal. I submit that the Respondent filed O.S. No. 1011 of 1989 on the file of District Munsif, Vellore for

permanent injunction. The above suit was dismissed. As against the order, the Respondent filed an Appeal A.S. No. 10 of 1995 on the file of

Subordinate Court, Vellore, and the same was allowed. Hence, the present Second Appeal.

I submit that the Respondent is my brother. He died on 03.02.2007. I further submit that he had no issues to bring on record in the above Appeal.

I am the brother of Respondent, the only legal heir of the Respondent. I further submit that I am already on record as Appellant in the Second

Appeal. I submit that dispute is between myself and the Respondent. Since the Respondent died, no cause of action survives and no need to

continue the Appeal.

It is therefore prayed that this Hon''ble Court may be pleased to record the Memo and dispose of the above Second Appeal accordingly.

It is also submitted by the learned Counsel appearing on behalf of the appellant that in view of the death of the respondent, nothing survives in

the present second appeal.

Based on the submission made by the learned Counsel appearing on behalf of the appellant and in view of the memo filed before this Court, this

second appeal is dismissed as infructuous.