IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.01.2019 CORAM : THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN, J C.M.A.No. 04 of 2008 Kannammal ... Appellant/ Respondent Vs. Kanagaraj ... Respondent/ Petitioner Prayer:- This Civil Miscellaneous Appeal is filed to setaside the Judgment and Decree dated 18.09.2007 made in C.M.A.No.58 of 2005 on the file of the First Additional District Court, Erode confirming the Judgment and Decree dated 05.10.2004 made in H.M.O.P.No. 12 of 2004 on the file of the Principal Sub Court, Erode, by allowing this Civil Miscellaneous Second Appeal. For Appellants :Mr.N. Manahoran For Respondent :Mr.S.Sathish Legal Aid Counsel J U D G M E N T Challenging the Judgment and Decree dated 18.09.2007 made in C.M.A.No.58 of 2005 on the file of the First Additional District Court, Erode confirming the Judgment and Decree dated 05.10.2004 made in H.M.O.P.No. 12 of 2004 on the file of the Principal Sub Court, Erode, the present Civil Miscellaneous Appeal has been filed. 2. When the matter came up for hearing on 14.12.2018 before this Court, it is represented that inspite of several notices served on the respondent, there is no representation on behalf of the respondent either in person or through counsel. Therefore, one Mr.Sathish, Advocate was appointed as Legal Aid Advocate to proceed with the case and the matter was adjourned to 21.12.2018. 2. Today when the matter came up for hearing, the learned counsel for the appellant submitted that both the appellant and respondent died. 3.In view of the submission made by the learned counsel for the appellant, this Civil Miscellaneous Petition is dismissed as abated. No costs. 4.Mr.Sathish, who was appointed and appeared before this Court for the sole respondent is entitled to get a sum of Rs.3,000/- towards his fees which shall be paid by the Tamil Nadu Legal Services Authority, Chennai. Sd/- Assistant Registrar(CS iii) //True Copy// Sub Assistant Registrar smn To, 1. The First Additional District Court, Erode 2.The Principal Subordinate Judge, Erode 3.The Member Secretary, Tamil Nadu Legal Services Authority, High Court Madras. +1cc to Mr.S.Sathish , Advocate SR.No. 438(22/04/2019) C.M.A.No. 04 of 2008 A.SK(07/03/2019)