Madras High CourtSA(MD)/269/2007dismissed as abated

M.M.Innasimuthu Udayar @ v. Mariasoosai Udayar

2022-04-29Honourable Mrs Justice R. Tharani2 pages

SA.(MD)No.269 of 2007 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE R.THARANI S.A(MD)No.269 of 2007 and C.M.P.No.8392, 8394 and 8395 of 2021 1.M.M.Innasimuthu Udayar alias Sebastiar Udayar 2.Savariammal 3.Michael 4.Mymaraj 5.Amulraj 6.Thomas 7.Pavula Mary ... Appellants/Respondents/Defendants 2 to 8 Vs Mariasoosai Udayar ... Respondent/Appellant/Plaintiff PRAYER :- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree in A.S.No.88 of 1999 dated 20.07.2006 on the file of the learned Principal District Judge, Pudukkottai, reversing the judgment and decree made in O.S.No.64 of 1995 dated 14.09.1998 on the file of the learned District Munsif cum Judicial Magistrate, Keeranur. For Appellants : No appearance Respondent : Died

JUDGMENT

This Second Appeal has been filed against the judgment and decree in A.S.No.88 of 1999 dated 20.07.2006 on the file of the learned Principal District Judge, Pudukkottai, reversing the judgment and decree made in O.S.No.64 of 1995 dated 14.09.1998 on the file of the learned District Munsif cum Judicial Magistrate, Keeranur.

2. It is stated that the sole respondent was died and petitions for taking steps for the death of the sole respondent has been filed with a delay of 3014 days. This Court vide order dated 28.04.2022, has passed an conditional order and allowed the petitions. But the conditions has not been complied with till today.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA.(MD)No.269 of 2007 3.Hence, the petitions in C.M.P.(MD)Nos.8392, 8394 and 8395 of 2021 stand dismissed. and this Second Appeal is dismissed as abated. No costs.

Sd/- Assistant Registrar (C.O) // True Copy // / /2022 Sub Assistant Registrar(CS) pnn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal District Judge, Pudukkottai.

2.The District Munsif cum Judicial Magistrate, Keeranur. 3.The Record Clerk, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN S.A(MD)No.269 of 2007 29.04.2022 SS/26.05.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2