This appeal suit has been filed against the judgement and decree in O.S.No.109 of 2004, dated 26.06.2008, passed by the Additional District & Sessions Judge, Fast Track Court, Dindigul.
2.The Appellants are R.Jeeva and Mokkai Veeramal. Mokkai Veeramal is the wife of R.Jeeva, the first appellant. The appellants herein are the defendants in the suit, O.S.No.109 of 2004, which had been filed for specific performance of the agreement of sale. On consideration of the oral and documentary evidence, the trial Court had decreed the suit.
3.Pending the appeal, it has been represented that the first appellant namely, R.Jeeva had died. However, the legal representatives have not been brought on record. It is also to be kept in mind that the second appellant is the wife of the first appellant and consequently, their children would be the only legal representatives. It would also indicate that the second appellant cannot plead that she did not know the death of the first appellant, her husband and also cannot plead that she does not know the details of the legal representatives, her children.
4.In view of the fact that the first appellant died 4 + years back and the steps have not been taken, the appeal is dismissed as abated. No costs.
To The Additional District and Sessions Judge, Fast Track Court, Dindigul..