Madras High CourtSA(MD)/386/2011dismissed

Eswarathammal v. Rukmaniammal

2024-10-03Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.A.(MD).No.386 of 2011 and M.P.(MD)No.2 of 2011 Eswarathammal ... Appellant /Vs./ 1.Rukmaniammal 2.Krishnan 3.Valliammal 4.Madakkannuammal 5.Thayammal 6.Vetrivel Pillai 7.Trustee A/M.Annathana Vinayagar Kovil Temple, 86, Annathana Vinayagar Kovil Street, Pettai, Tirunelveli-4.

... Respondents P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree passed in A.S.No.85 of 2009 dated 21.04.2010 on the file of the Additional Subordinate Judge, confirming the judgment and decree passed in O.S.No.661 of 2006, dated 28.10.2009 on the file of the Principal District Munsif Court, Tirunelveli. 1/4

Sole Appellant : Died For R-1 & R-6 : Died For R-2 & R-5 : Mr.D.Nallathambi For R-3, R-4 & R-7 : No Appearance

JUDGMENT

This Second Appeal is filed against the judgment and decree passed in A.S.No.85 of 2009 dated 21.04.2010 on the file of the Additional Subordinate Judge, confirming the judgment and decree passed in O.S.No.661 of 2006, dated 28.10.2009 on the file of the Principal District Munsif Court, Tirunelveli.

2. When the case was taken up for hearing on 20.09.2024, the Learned Counsel appearing for the appellant submitted that the sole appellant died and her legal heirs have not come forward to contest the case. He further submitted that R-1 & R-6 also died. Therefore, this Court was posted for dismissal today, i.e., on 03.10.2024. The Legal heirs are not turned up to contest the case. The said submission is recorded. 2/4

3. Accordingly, this Second Appeal stands dismissed. Liberty is granted to reopen the case, if the legal heirs are willing to contest the case. No Costs. Consequently, connected civil miscellaneous petition is also closed. 03.10.2024 Index : Yes / No NCC : Yes / No KSA TO:

1. The Additional Subordinate Judge, Tirunelveli,

2. The Principal District Munsif Court, Tirunelveli. 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.386 of 2011 Dated:

03.10.2024 4/4