Madras High CourtSA/1640/2008dismissed as abated

Arunachalam Chettiar v. Nagore Pazhanimuthu Trust

2021-02-23Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2021

CORAM

THE HONOURABLE MR. JUSTICE T. RAVINDRAN S.A.No. 1640 of 2008 and M.P.No.1 of 2008 Arunachalam Chettiyar S/o. Shanmugavelu Chettiar ... Appellant Vs.

1. Nagore Pazhanimuthu Trust Nagapattinam Rep. by its Trustee Chandrasekaran 29, Sivan KeelaVeethi Nagore, Nagapattinam

2. Baskaran @ Boss S/o. Shanmugavadivelu

3. Nagarajan S/o. Shanmugavadivelu

4. The Tahsildar Having office at Vellipalayam Nagapattinam

5. Government of Tamilnadu Rep. by District Collector Having Office at South Palpannaicherry Nagapattinam ... Respondents Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree of Sub Court, Nagapattinam, dated 06.07.2006 made in A.S. No.25/2006 confirming judgment and decree of District Munsif Court, Nagapattinam dated 07.03.2006 made in O.S.No.263/2003. For Appellant : Mr. S. Sounthar For Respondents For R1 to R3 : Mr. S. Sathyamurthi For R4 and R5 : Mr. N. Manikandan Government Advocate (CS) https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

Both counsel present.

2. It is represented by the appellant's counsel that the sole appellant had died and his legal heirs had not come forward to prosecute the appeal further and accordingly submits that the appeal may be dismissed as abated and undertakes to file a memo to that effect.

3. In the light of the abovesaid factors, inasmuch as no steps have been taken for the deceased appellant by the legal heirs for the prosecution of the second appeal further, resultantly, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. The counsel for the appellant is directed to file a memo in the Registry pointing to the above immediately. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar bga To 1.The Sub Court, Nagapattinam.

2.The District Munsif Court, Nagapattinam.

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

+1cc to the Government Pleader SR.10814 S.A.No. 1640 of 2008 SR II(CO) CB(19/03/2021) https://hcservices.ecourts.gov.in/hcservices/