M.S.Sathyanarayanan v. P.Singaravelu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:31.01.2024

CORAM

THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN and M.P.Nos.1 and 1 of 2007 S.A.No.49 of 2008 1.M.S.Sathyanarayanan 2.M.S.Chandran ...Appellants Vs 1.P.Singaravelu 2.Chinnavan@Mariappan 3.Nallammal 4.Ayyandurai

...Respondents

(Respondents 2, 3 and 4 have remained exparte before the lower appellate court) PRAYER: Second Appeal is filed under section 100 of the Civil Procedure Code, as against the Judgment and Decree dated 20.02.2006 in A.S.No.131 of 2005 on the file of the Principal Subordinate Court, Salem, reversing the judgment and decree dated 21.4.2005 in O.S.No.424 of 1999 on the file of the 1st Additional District Munsif Court, Salem.

For Appellants :

Ms.S.P.Nirmala for Mr.D.Shivakumaran For R1 :

Mr.T.A.Srinivasan for M/s.Sree and Associates For R2 to R4 :

Ex-parte 1/4

S.A.No.50 of 2008 1.M.S.Sathyanarayanan 2.M.S.Chandran ...Appellants Vs P.Singaravelu

...Respondent

PRAYER: Second Appeal is filed under section 100 of the Civil Procedure Code, as against the Judgment and Decree dated 20.02.2006 in A.S.No.109 of 2005 on the file of the Principal Subordinate Court, Salem, reversing the judgment and decree dated 21.4.2005 in O.S.No.658 of 1999 on the file of the District Munsif Court, Salem.

For Appellants :

Ms.S.P.Nirmala for Mr.D.Shivakumaran For Respondent :

Mr.T.A.Srinivasan for M/s.Sree and Associates **** C O M M O N J U D G M E N T In S.A.No.50 of 2008, the sole appellant died. In S.A.No.49 of 2008, the respondents 2 to 4 are set exparte before this Court and lower appellate Court. The first respondent in the appeal is also died.

2. When the matters are taken up today for hearing, there is no representation for the respondents. When the matters were listed on 20.04.2023, the death of the first respondent was recorded and it was adjourned for takeing steps to substitute the legal heirs of the first respondent.

3. The learned counsel for the appellant submits that they are yet to receive any details for taking necessary steps. The second appeals are of the 2/4

year 2008. Therefore, no useful purpose will be served in keeping the Second Appeals pending. Hence, the Second Appeals are dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed. 31.01.2024 Index : Yes/No Speaking order/non-speaking order mpa To

1. The Principal Subordinate Court, Salem.

2. The 1st Additional District Munsif Court, Salem. 3.The District Munsif Court, Salem.

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G.ARUL MURUGAN, J., mpa and M.P.Nos.1 and 1 of 2007 31.01.2024 4/4