Thangaraj Muthiriyar v. Sundaram Muthiriyar

1 S.A.(MD)Nos.496 & 690 OF 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.496 of 2010 and M.P.(MD)No.2 of 2010 Thangaraj Muthiriyar ...Appellant /Appellant/ 3rd Defendant Vs.

1. Sundaram Muthiriyar

2. Varadarajan Muthiriyar ... Respondents/ Respondents 1 & 2 /Defendants 1 & 2 N.Gopal Muthuraja (died)

3. Amirtham

4. Narayanamoorthy

5. Jothi ... Nil / Nil / Respondents 3 to 5 Prayer: Second appeal filed under Section 100 of C.P.C., to allow this appeal and set aside the Decree and Judgment dated 22.01.2004 in A.S.No.1 of 2001 on the file of the Principal Subordinate Judge, Tiruchirappalli, confirming the Decree and Judgment in O.S.No.1841 of 1989 on the file of III Additional District Munsif, Tiruchirappalli, dated 29.08.2000. For Appellant : Mr.S.K.Mani For R-3 to R-5 : Mr.K.R.Kishore Ram

J U D G M E N T

The sole appellant passed away. His son had taken back the papers. Steps have not been taken to bring the legal heirs on record.

2. This second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 S.A.(MD)Nos.496 & 690 OF 2010 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 Subordinate Judge, Tiruchirappalli.

2. The III Additional District Munsif, Tiruchirappalli.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.R.KISHORE RAM, Advocate ( SR-7589[F] dated 21/02/2022 S.A.(MD)No.496 of 2010 21.02.2022 SRR(CO) KB(08.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2