Manickam Chettiar v. Murugesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.626 of 2001 And C.M.P.No.2521 of 2007 Manickam Chettiar ... Appellant Vs.

1.Murugesan 2.Sivasubramanian 3.Thiagarajan 4.Sudha (R4 impleaded as per the order of this Court dated 14.03.2018 made in C.M.P.No.10637 of 2006 in S.A.No.626 of 2001) ... Respondents Prayer:

Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 04.08.2000 made in A.S.No.38 of 1999 on the file of the Additional Subordinate Judge, Mayiladuthurai, confirming the judgment and decree dated 19.01.1999 made in O.S.No.141 of 1996 on the file of the Principal District Munsif Court, Mayiladuthurai. For Appellant : Mr.R.Arunagirinathan For Respondents : R1 and R2 Dismissed Vide Court order dated 08.12.2009 Mr.S.Sounthar for R3 Mr.A.Muthukumar for R4

J U D G M E N T

The suit is for dissolution of firm. The lower Court decreed the suit and the lower Appellate Court confirmed the decree granted by the lower Court. The respondents 1 and 3 are the sons of the appellant and the other respondents namely, * The Second Respondent in the third party and the fourth respondent in the subsequent purchaser who purchased the property from the partners of the appellant.

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2.The third respondent has filed a memo dated 14.03.2018 stating that the sole appellant died on 08.07.2011. The second appeal was already dismissed against the respondents 1 and 2 on 08.12.2009. The memo further states that the right to defend the suit available to appellant does not survive to third respondent, even though he happened to be his son in view of the fact he is the contesting opponent.

3.The sole appellant died on 08.07.2011, however, till date the legal heirs of the deceased appellant has not come forward for prosecuting the case. In view of the above, the second appeal is dismissed as abated. No costs. Consequently, the connected miscellaneous petition is also closed. Sd/- Asst.Registrar (CCC) *Corrected as per order of 12.04.2018 this Court dated 25.09.2018 in S.A.No.626 of 2001 & CMP.NO.2521 of 2007 -s/dAssistant Registrar(CS-IV) dated 01.10.2018 /true copy/ Sub Asst. Registrar To

1. The Additional Subordinate Judge, Mayiladuthurai.

To be Substituted to be

2. The Principal District Munsif Court, Order already deposited Mayiladuthurai.

On 08.05.2018

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

+ 1 cc to Mr.A.Muthukumar Advocate,SR.19128 + 1 cc to Mr.S.Sounthar Advocate,SR.19181 S.A.No.626 of 2001 And C.M.P.No.2521 of 2007 lrs(co) nr 17/04/2018 CS/01/10/18 https://hcservices.ecourts.gov.in/hcservices/