1. Navab John, the sole respondent in the second appeal as plaintiff, filed the original suit in O.S.No.627 of 2003 on the file of the Court of the Additional District Munsif, Kallakurichi for bare injunction against the appellant Syed Dhasthakeer and deceased Syed Akbar (second defendant). During the pendency of the suit, Syed Akbar died and the suit as against him was allowed to abate. The trial Court, after trial, decreed the suit and granted the relief of injunction sought for by Navab John. As against the decree of the trial Court, an appeal was filed as A.S.No.44 of 2007 on the file of the Sub-Court, Kallakurichi. The learned Sub-ordinate judge, Kallakurichi by a judgment and decree dated 13.09.2010 dismissed the appeal confirming the decree passed by the trial Court. As against the said decree of the first appellate Court by which the decree of the trial Court was confirmed, the present second appeal has been filed.

2. The learned counsel for the first respondent submits that the second respondent Syed Akbar is no more and the appeal having been filed against a dead person is a nullity. Mr.AR.L.Sundaresan, learned senior counsel arguing on behalf of the counsel for