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Madras High CourtSA/183/2011dismissed as abated

P.Palaniammal v. S.Palanisamy Gounder

2025-02-03Honourable Mrs Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI P.Palaniammal ...Appellant Vs 1.S.Palanisamy gounder 2.P.Ravichandran 3.The Divisional Engineer B.S.N.L.

Dharapuram Tiruppur District.

4.The Sub Divisional Engineer B.S.N.L Mulanoor, Dharapuram Taluk Tiruppur District.

5.P.Maharsamy

...Respondents

Second Appeal filed under Section 100 of the Code of Civil Procedure as against the judgement and decree dated 21.07.2010 made in A.S.No.3 of 2010 on the file of the Subordinate Court, Dharapuram, partly reversing the Judgement and decree insofar as it relates to the house property and 1/4

confirming the judgment and decree with respect to the pathway, dated 03.03.2009 in O.S.No.217 of 2006 on the file of the learned District Munsif Court, Dharapuram.

For Appellant : Mr.P.Vennitharan for M/s.M.Balasubramanian For R1 to R3 & R5 : No appearance For R2 : Not ready in notice

J U D G M E N T

When the matter was listed for hearing on 04.10.2024, the learned counsel for the appellant submitted that he has written a letter to the parties in order to get the details of the legal heirs of the deceased appellant and hence, the matter was adjourned to 29.10.2024. 2.Today, when the matter is taken up for hearing, the learned counsel for the appellant submitted that the appellant died and he is not able to get instructions to bring the legal heirs on record to pursue the matter further. 2/4

3. This Second Appeal is dismissed as abated. There shall be no order as to costs.

03.02.2025 Internet: Yes/No gbi To 1.The Divisional Engineer B.S.N.L.

Dharapuram Tiruppur District.

2.The Sub Divisional Engineer B.S.N.L Mulanoor, Dharapuram Taluk Tiruppur District.

3.The Subordinate Judge, Dharapuram.

4.The District Munsif Court, Dharapuram.

3/4

R. KALAIMATHI , J.

gbi 03.02.2025 4/4