Madras High CourtSA(MD)/786/2010closed

M.Palani v. Veeman

2022-03-28Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.768 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.786 of 2010 1.M.Palani 2.M.Ponnammal 3.M.Ariyammal (died) 4.P.Lingathevar (died) ... Appellants /Respondents / Defendants 5.Pandi 6.Deivendran 7.Rasathi (This Court suo motu impleaded the appellants 5 to 7 as legal heirs of the deceased third appellant vide order dated 28.03.2022) 8.Raja 9.Selvi 10.Vasanth 11.Deivakani 12.Malarkodi (This Court suo motu impleaded the appellants 8 to 12 as legal heirs of the deceased fourth appellant vide order dated 28.03.2022) -Vs1.Veeman 2.Panchu ...Respondents / Appellants / Plaintiffs PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the decree and judgment passed by the III Additional Subordinate Judge, Madurai (Usilampatti Camp) in A.S.No.83 of 2007, dated 22.04.2010 reversing the decree and judgment passed by the District Munsif cum Judicial Magistrate, Usilampatti in O.S.No.5 of 2004, dated 27.02.2007.

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

S.A.(MD)No.768 of 2010 For Appellants : Mr.R.R.Kannan For R1 : Mr.J.Barathan

JUDGMENT

The second respondent Panchu is no more. The notice sent by the appellant to the second respondent was returned with an endorsement 'deceased'.

2. The learned counsel appearing for the first respondent reports 'no instructions'. The memo dated 28.03.2022 has been filed to this effect. The said memo is taken on record. The appellant's counsel is expressing his difficulties that unless he is aware of the legal heirs details, he cannot bring them on record in the second appeal. Therefore, the second appeal is closed with liberty to the appellants to revive and reopen the second appeal as and when the impugned decree is put to execution. No cost. Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi To 1.The III Additional Subordinate Judge, Madurai (Usilampatti Camp). 2.The District Munsif cum Judicial Magistrate, Usilampatti. Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.R.R.KANNAN, Advocate ( SR-15022[F] dated 29/03/2022 ) S.A.(MD)No.786 of 2010 28.03.2022 RK(28/04/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2