Madras High CourtSA(MD)/397/2006dismissed as abated

Periyakaruppan(Died) v. Palani

2024-11-21Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2024

CORAM

THE HON'BLE MR.JUSTICE V.SIVAGNANAM SA.(MD)No.397 of 2006 and CMP(MD)No.14949 of 2024 1.Periyakaruppan (died) 2.Kalimuthu (died) 3.Veerabathiran (died) 4.Chinnaiah 5.VEllaiyan 6.Chandran 7.Manikandan 8.Ayyappan ( Appellants 5 to 8 are brought on records as LRs of the deceased first appellant vide Court order dated 12.09.2024 made in CMP(MD)Nos.12606 to 12608 of 2024) 9.K.Murugan 10.K.Arumugam 11.M.Manikandan 1/5

12.M.Karthick Kumaran ( Appellants 9 to 12 are brought on records as LRs of the deceased second appellant vide Court order dated 12.09.2024 made in CMP(MD)Nos.12613, 12614 & 12617 of 2024 13.Murugesan 14.Velu 15.Palanivel 16.Kannan ( Appellants 13 to 16 are brought on records as LRs of the deceased third appellant vide Court order dated 12.09.2024 made in CMP(MD)Nos.12610 to 12612 of 2024 ... Appellants Vs.

Palani ... Respondent PRAYER : Second Appeal filed under Section 100 Cr.P.C., to set aside the judgment and decree passed by the I Additional Subordinate Judge, Madurai in A.S.No.220 of 2005, dated 19.01.2006 reversing the judgment and decree passed in O.S.No.507 of 2004 dated 19.09.2005, passed by the District Munsif Court, Thirumangalam. 2/5

For Appellants : Mrs.J.Padmavathi Devi For Respondent : Mr.PT.S.Narendravasan

JUDGMENT

When the matter came up for hearing, the learned counsel for the respondent submitted that the sole respondent died on 22.01.2018. This matter has already been reported to the Court and to that effect a memo has also been filed. But the learned counsel for the appellants has not taken any steps to implead the legal heirs of the sole respondent within the period of limitation.

2. In view of the above, this second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

21.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 3/5

To 1.The I Additional Subordinate Judge, Madurai 2.The District Munsif Court, Thirumangalam.

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

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V.SIVAGNANAM ,J.

RM 21.11.2024 5/5