Manickam and Others vs M. Shanmugham Chettiar

G. Rajasuria, J.—This second appeal is focussed by the original plaintiff, animadverting upon the judgement and decree dated 28.06.1996 passed in A.S. No. 77 of 1995 by the Sub Court, Krishnagiri, confirming the judgment of the trial Court, namely, District Munsif Court, Harur, in O.S.No. 416 of 1985. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

A perusal of the docket endorsement would reveal that the sole respondent herein died as early as on 26.08.2008 itself and for steps the matter was posted, but no steps were taken to implead the L.Rs. of the deceased sole respondent. However, the docket endorsement dated 18.11.2008 would reveal that in addition to the sole respondent having died, an appellant also died. Since no steps have been taken to implead the L.Rs. of the deceased sole respondent till date, it is obvious that the Second Appeal got abated. Accordingly, it is dismissed. No costs. Consequently, connected miscellaneous petition is closed.