G.Dhanasekaran v. G.Kalyanasundaram(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025

CORAM

THE HON'BLE MS.JUSTICE R.POORNIMA, SA.(MD)Nos.205 & 351 of 2008 G.Dhanasekaran ... Appellant Vs.

1.G.Kalyanasundram (died) 2.K.Manoharan 3.K.Balachandran 4.K.Saravanan 5.K.Gurumoorthi 6.K.Ganesamoorthi ... Respondents (Respondents 2 to 6 are impleaded as legal heirs of the deceased sole respondent vide Court order dated 21.02.2023 made in C.M.P(MD)Nos.3092 & 4026 of 2016) 1/4

COMMON PRAYER : Second Appeals are filed under Section 100 Cr.P.C., to set aside the judgment and decree passed by the Principal District Judge, Tiruchirappalli, in A.S.Nos.196 & 273 of 2006, dated 28.02.2007 confirming the judgment and decree passed in O.S.Nos.239 of 1997 & 88 of 1999 dated 09.03.2006, passed by the I Additional Subordinate Court, Tiruchirappalli.

For Appellant : Mrs.Maria Roseline For Respondents : Mr.P.Thiagarajan - for R2 to R6 died - for R1

JUDGMENT

When the matter was taken up for hearing, it is informed by the learned counsel for the appellant that the appellant died during the year 2020. Though the appellant died in the year 2020 itself, so far no steps have been taken, it shows that the appellant is not interested in pursuing the appeal on merits. Till now, steps have not been taken to implead the legal heirs of the deceased appellant within the period of limitation.

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2. In view of the above, these Second Appeals are dismissed as abated. No costs.

13.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No RM To 1.The Principal District Judge, Tiruchirappalli, 2.The I Additional Subordinate Court, Tiruchirappalli.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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R.POORNIMA, J.

RM 13.06.2025 4/4