Madras High CourtSA(MD)/455/2011dismissed as abated

Palanisamy v. Karuppanna Gounder

2024-06-26Honourable Mr Justice A.A.Nakkiran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2024

CORAM

THE HON'BLE MR JUSTICE A.A.NAKKIRAN S.A.(MD)No.455 of 2011 and MP(MD)No.2 of 2011 Palanisamy ... Appellant / 5th Respondent / 5th Defendant -Vs1.Karuppanna Goundar 2.Ramasamy 3.Lakshmanan ... Respondents 1 to 3 / Appellants / Plaintiffs 4.The Superintending Engineer, Tamil Nadu Electricity Board, Dindigul.

5.The Executive Engineer, Tamil Nadu Electricity Board, Oddanchatram, Dindigul District.

6.The Assistant Executive Engineer, Tamill Nadu Electricity Board, Oddanchatram, Dindigul District.

7.The Assistant Engineer ( Virupachi Division), Tamil Nadu Electricity Board, Oddanchatram, Dindigul District.

... Respondents 4 to 7 / Respondents 4 to 7/ Defendants 1 to 4

Prayer: Second Appeal is filed under Section 100 of the code of Civil Procedure Code, to set aside the judgment and decree dated 06.10.2010 in A.S.No.66 of 2009 on the file of the Sub Court, Palani, partly reversing the judgment and decree dated 16.09.2009 passed in O.S.No.24 of 2007 on the file of the District Munsif Court, Oddanchatram.

For Appellant : Mr.S.Siva Thilakar For R1 to R3 : Mr.S.Anand Chandrasekar for M/s.Sarvabhauman Associates For R4 to R7 : Mr.C.Selvaraj

JUDGMENT

This appeal has been filed against the judgment and decree dated 06.10.2010 in A.S.No.66 of 2009 on the file of the Sub Court, Palani, partly reversing the judgment and decree dated 16.09.2009 passed in O.S.No.24 of 2007 on the file of the District Munsif Court, Oddanchatram. 2.When the matter is taken up for hearing, the learned counsel for the appellant submitted that during the pendency of this appeal, the sole appellant namely, Palanisamy died and as such, there is no purpose in proceeding with the appeal.

3.Recording the said submission, the Second Appeal is dismissed as abated. No costs. Consequently, the connected miscellaneous petition is closed. 26.06.2024 NCC : Yes / No Index :yes/No Internet:yes/No dss To:

1.The Sub Court, Palani.

2.The District Munsif Court, Oddanchatram.

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

A.A.NAKKIRAN , J.

dss S.A.(MD)No.455 of 2011 and MP(MD)No.2 of 2011 26.06.2024