Madras High CourtSA(MD)/104/2012dismissed as abated

A.Murugesan v. S.Appavoo (Died)

2025-01-28Honourable Mrs Justice S.Srimathy4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.A.(MD)No. 104 of 2012 A.Murugesan ... Appellant /Vs./

1. S. Appavoo (Died)

2. A.Palanichamy

3. A.Subramanian

4. A.Veluchamy

5. A.Chinnachamy

6. A.Krishnan

7. A.Prabhakaran

8. Malathi

...Respondents

[R-6 to R-8 are brought on record as LRs of deceased R-1 vide Order of this Court, dated 11.06.2019] P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the Judgment and Decree, dated 11.11.2010 in A.S.No. 7 of 2009 on the file of the Learned Additional Subordinate Judge, Fast Track Court, Dindigul, confirming the Judgment and Decree, dated 1/4

09.01.2009 passed in O.S.No.97 of 2004 on the file of the Principal Sub Court, Dindigul and allow this Second Appeal. For Appellant : M/s.Antony Arulraj For Respondents : R-1 Died Mr.G.Marimuthu, for R-3 R-2, 4 & 5 - No appearance Mr.P.Vairava Sundaram, for R-6 to R-8

JUDGMENT

The Learned Counsel appearing for the Appellant submitted that the sole appellant died. The Learned Counsel appearing for the respondents 4 to 8 has filed a memo stating that the appellant died four months before and his wife also pre-deceased and has four children, in which one daughter and one son were pre-deceased. As of now one son, namely; Bharathi and one daughter namely; Solamani are available. The son is residing in the same address where his father resided and the daughter is residing in the adjacent town, namely; Ayyalur. However, the Learned Counsel appearing for the appellant submitted that he is not able to contact the Legal heirs of the appellant.

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2. Recording the aforesaid memo, this Second Appeal is dismissed as abated. No costs.

28.01.2025 Index : Yes / No NCC : Yes / No KSA TO:

1. The Additional Subordinate Judge, Fast Track Court, Dindigul.

2. The Principal Sub Court, Dindigul.

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

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S.SRIMATHY, J.

KSA Judgment made in S.A.(MD)No.104 of 2012 28.01.2025 4/4