Shanmugavel v. Jayapal Padayachi(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA S.A.No. 1339 of 2008 and M.P. No.1. of 2008 Shanmugavel ... Appellant Vs.

1. Jayapal Padayachi (died)

2. Sundararasu

3. Anjalaiammal

4. Ganesan

5. Murugan

6. Santhi

7. Soundararaj ... Respondents R2 recorded as LRs of the deceased R1 viz., Jayapal Padayachi and R3 to R7 brought on record as LRs of R1 viz., Jayapal Padayachi vide court order dated 17.06.2021 made in C.M.P. No.358 & 359/2021 in S.A. No.1339/2008.

Prayer : Second Appeal filed under Section 100 CPC against the decree and judgment dated 21.08.2008 on the file of the Principal Sub Court, Cuddalore, in A.S. No.52 of 2007 upholding the decree and judgment dated 25.06.2007 on the file of the Additional District Munsif,

Cuddalore, in O.S. No.168 of 2005.

For Appellant : Ms. R. Meenal R2 : given up For R3 to R7 : Mr. R. Sunil Kumar

JUDGMENT

A perusal of the records shows that the sole appellant died long back and till date no steps have been taken by the appellant to bring on record the legal heirs of the deceased sole appellant.

2. In view of the same, this second appeal is dismissed as abated. No costs. Consequently connected miscellaneous petition is dismissed.

06.04.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

To

1. The Principal Subordinate Judge, Cuddalore.

2. The Additional District Munsif, Cuddalore.

3. The Section Officer, VR Section, High Court, Madras.

R. HEMALATHA, J.

bga S.A.No. 1339 of 2008 and M.P. No.1. of 2008 06.04.2023