1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2011 CORAM: THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR S.A.(MD).No.1198 of 2009 and M.P(MD)No.2 of 2009 V.Adaikkan (Died) .. Appellant/Plaintiff (Sole appellant died. Memo Recorded vide order dt. 12/02/2010 made in S.A.No. 1198/2009) (Memo SR.No.505/2010 dt. 12/02/2010) .vs. A.Alagan .. Respondent/Defendant PRAYER: Second Appeal filed under Section 100 of the civil Procedure Code to set aside the judgement and decree dated 28.08.2008, made in A.S.No.66 of 2007, on the file of the III Additional Sub Court, Madurai confirming the judgment and decree dated 29.12.2006 made in O.S.No.672 of 2004, on the file of the District Munsif Court, Melur. For Appellant : No Appearance For Respondent : Mr.C.Selvaraj JUDGMENT There is no representation for the appellant. The learned counsel for the sole appellant had filed a memo long back on 12.02.2010 itself informing the Court that the sole appellant died on 08.01.2010 and unmindful of the period of limitation for taking steps to bring the legal representatives on record, this appeal seems to have been again and again listed for taking steps. The abatement is by operation of law and the same does not depend upon the order of Court. It also cannot be postponed by an order of Court by simply granting time for taking steps. It is quite clear from the memo of the counsel for the appellant that the sole appellant died on 08.01.2010 itself and no steps have been taken within the limitation period prescribed. Even till date steps have not been taken. Hence, the abatement of the appeal is recorded and the appeal and the connected miscellaneous petition are directed to be removed from the list of pending cases. Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 2 To 1. The III Additional Subordinate Judge, Madurai. 2. The District Munsif, Melur. Sj rl/3c – 19.01.2011 S.A.(MD).No.1198 of 2009 and M.P(MD)No.2 of 2009 06.01.2011 https://hcservices.ecourts.gov.in/hcservices/