S.Karuppannan v. Arulmighu Sengai Piddariamman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2021

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA S.A.Nos.1409 & 1534 of 2008 S.A.No.1409 of 2008 S.Karuppannan ...Appellant/Defendant Vs

1. Arulmighu Sengai Piddariamman Swamy Tirukoil, Amarakunthi rep. By its Hereditary Trustee and Poosari T.K.Manickam

2. T.K.Manickam

3. T.K.Kailasam

4. T.K.Ganesan

...Respondents/Plaintiffs

PRAYER IN S.A.No.1409 of 2008: Second Appeal is filed under Section 100 of code of Civil Procedure praying to set aside the Decree and Judgment made in A.S.No.9 of 2007 dated 06.10.2007 on the file of the Subordinate Judge, Mettur, confirming the decree and judgment dated 31.01.2007 passed in O.S.No.672 of 1996 by the District Munsif cum Judicial Magistrate, Omalur. For Appellant : Mr.Gowrishankar for M/s.M.Vaidyanathan For Respondents : Mr.D.Shivakumaran for R1, 3 & 4 R2 - Died S.A.No.1534 of 2008 S.Karuppannan ...Appellant/Plaintiff Vs

1. T.K.Kailasam

2. T.K.Ganesan

3. T.K.Manickam

...Respondents/Defendants

PRAYER IN S.A.No.1534 of 2008: Second Appeal is filed under Section 100 of code of Civil Procedure praying to set aside the Decree and Judgment made in A.S.No.10 of 2007 dated 06.10.2007 on the file of the Subordinate Judge, Mettur, confirming the decree and judgment dated 31.01.2007 passed in O.S.No.677 of 1996 by the Principal District Munsif, Omalur. For Appellant : Mr.Gowrishankar for M/s.M.Vaidyanathan For Respondents : Mr.R.Marudhachalamurthy for R1&R2 R3-Died COMMON JUDGMENT It is informed by the learned counsel for the appellant that the appellant also died long ago and he is not able to get in touch with him. The learned counsel for the respondent in S.A.No.1409 of 2008 submitted that a memo in which they would submit that despite receipt of their letter, they have received 'no response' from their clients and also that one of the respondents was no more. His clients have not contacted him and consequently he would report 'no instructions'. The memo is taken on file.

2. Considering the fact that steps were not been taken to bring on record the legal representatives of the appellant in both the appeals as well as the second respondent in S.A.No.1409 of 2008, who is the third respondent in S.A.No.1534 of 2008, both the Second Appeals stand abated. No order as to costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kal To

1. The Subordinate Judge, Mettur.

2. The District Munsif cum Judicial Magistrate, Omalur.

COPY TO:

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

S.A.Nos.1409 & 1534 of 2008 MG(CO) LS(09/09/2021)