Madras High CourtSA/916/2009dismissed as abated

D.Ramasamy (Deceased) v. A.Mariappan

2025-04-15Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2025 CORAM :

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP S.A. No.916 of 2009 D.Ramasamy (Deceased) Murugesan (Deceased)

1. Palanisamy

2. Manoharan (Died)

3. M.Selvi

4. Minor M.Sekar

5. Minor M.Karthikeyan (Both the minors are represented by their mother and guardian M.Selvi, 5th Appellant)

6. M.Nagalakshmi

7. Padmapriya

8. Mrs.Marudhathal (second Appellant died, Appellants 6 to 8 brought on record as L.R's of deceased second

Appellant vide order of Court dated 10.03.2023 made in CMP.No.3544, 3547, 3549/2023 in S.A.No.916/2009) ... Appellants Vs.

A.Mariappan

...Respondent

PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure against the Judgment and Decree of the learned Second Additional Subordinate Judge, Coimbatore passed on 16.02.2008 in A.S.No.104 of 2007 which reversed the Judgment and Decree passed in O.S.No.478 of 1995 on 17.04.2007 by the III Additional District Munsif, Coimbatore.

For Appellants : Mr.V.Sivakumar for Appellants 1 & 3 For Respondent : No Appearance

JUDGMENT

This Second Appeal has been filed to set aside the Judgment and Decree of the learned Second Additional Subordinate Judge, Coimbatore passed on 16.02.2008 in A.S.No.104 of 2007 which was reversed the Judgment and Decree passed in O.S.No.478 of 1995 on 17.04.2007 by the III Additional District Munsif, Coimbatore.

2. The Appeal is posted today under the caption "for dismissal".

3. The learned Counsel representing Counsel on record for the Appellant submits that the Appellant died. Subsequently, the Legal Representatives of the Appellant were impleaded. The impleaded Legal Representatives are also died. There is no further contact from the family of the Appellants.

In the light of the above submission made by the learned Counsel for the Appellant, this Second Appeal is dismissed as abated. No costs. 15.04.2025 Index:Yes/No Internet: Yes/No Speaking order/Non-speaking order dh To

1. The III Additional District Munsif, Coimbatore.

2. The Second Additional Subordinate Judge, Coimbatore.

SATHI KUMAR SUKUMARA KURUP.J., dh S.A. No.916 of 2009

15.04.2025