S.Muppidathi Thevar v. P.Santiago Rajan(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and MP(MD)No.1 of 2008

1) S.Muppidathi Thevar

2) S.Murugesan ... Appellants Vs.

1) P.Santiago Rajan (died)

2) P.S.Pushpa Rajan (R2 is already on record and recorded as LR of deceased R1 vide Court order dated 28.08.2019 made in CMP(MD)No.4691/2019)

3) Bharathirajan

4) Ilango Rajan

5) Prince Rajan

6) Jawahar Rajan (R3 to R6 are brought on record as Lrs of deceased R1 vide order dated 28.08.2019 made in CMP(MD)No.4690 of 2019) ... Respondents 1/4

PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 22.12.2006 made in A.S.No.235 of 2006 on the file of the I Additional Sub Judge, Tirunelveli reversing the Judgment and Decree dated 29.03.2006 made in O.S.No.557 of 2004 on the file of the Principal District Munsif Court, Tirunelveli. For Appellants : Mr.M.P.Senthil For Respondents : Mr.M.R.Srinivasan (for R2 to R6)

J U D G M E N T

When the matter was taken up for hearing on 31.01.2023, the learned counsel appearing for the appellants submitted that the first appellant passed away and the same was recorded. However, no steps have been taken till date.

2. When the matter is taken up for hearing today, the learned counsel for the appellants would submit that there no instruction from the second appellant. Hence, the learned counsel reported no instruction. 2/4

3. In view of the above, this Second Appeal is dismissed as abated in respect of the first appellant and this Second Appeal is dismissed for nonprosecution in respect of the second appellant. No costs. Consequently, connected miscellaneous petition is closed.

30.08.2023 skn To 1.The I Additional Sub Judge, Tirunelveli.

2.The Principal District Munsif Court, Tirunelveli. 3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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KRISHNAN RAMASAMY ,J.

skn and MP(MD)No.1 of 2008 30.08.2023 4/4