M.Narayanasamy v. M.Manickka Udayar Died
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2024
CORAM
THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN and M.P.No.2 of 2007 M.Narayanasamy ... Appellant vs.
M.Manicka Udayar (died) 1.Palaniammal 2.M.Radhakrishnan 3.Saradha Ammal 4.Azhagammal 5.Kolanjiammal 6.Thamarai Selvi (died) 7.Alameluammal @ Palaniammal 8.Lakshmi 9.Mahadevan 10.Narayanasamy
...Respondents
(R8 to R10 brought on record as LRs of the deceased 6rd respondent vide order dated 12.02.2015 in M.P.Nos.1 to 3 of 2015) Prayer:- Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 28.03.2005 in A.S.61 of 2004 passed by the learned Subordinate Judge, Virudhachalam, confirming the judgment and decree dated 28.11.2003 in O.S.No.469 of
1992 passed by the learned Principal Additional District Munsif, Virudhachalam.
For appellant : Mr.T.Sivagnanasambandam For R1 to R5 : Mrs.R.Meenal For R6 : Died For R7 to R10 : No appearance *****
J U D G M E N T
When this Second Appeal was listed as early as 25.08.2021, it has been recorded that the sole appellant in this Second Appeal died on 24.03.2015 itself. Thereafter, the matter has been listed on 05.01.2024, 31.01.2024 and 16.02.2024. Again, when the matter was listed on 08.02.2024, it has been recorded that in spite of providing sufficient opportunities, no steps have been taken and to provide one last opportunity, the matter was adjourned to 16.02.2024. 2.
Even today, when the matter is listed, no steps have been taken to substitute the legal heirs of the deceased sole appellant. It is evident that the appellant is not interested in prosecuting this Second Appeal. Hence, there is no purpose in keeping this Second Appeal pending.
3.
In view of the above, this Second Appeal is dismissed as abated. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
11.03.2024.
Internet : Yes Index : Yes/No Speaking order/Non-speaking order apd To
1. The Subordinate Judge, Virudhachalam.
2. The Principal Additional District Munsif, Virudhachalam. 3.The Section Officer, V.R.Section, High Court, Madras.
G.ARUL MURUGAN,J apd 11.03.2024