J.Veluthai v. Tuticorin Municipality

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2026

CORAM

THE HON'BLE MS.JUSTICE R.POORNIMA, SA.(MD)No.438 of 2005 J.Veluthai ... Appellant Vs.

1.Tuticorin Municipality, Rep. By its Commissioner, WIC Road, Tuticorin.

... Respondent PRAYER : Second Appeal filed under Section 100 Cr.P.C., to set aside the judgment and decree passed by the Subordinate Judge, Tuticorin, in A.S.No.131 of 1997, dated 15.02.2005 confirming the judgment and decree passed in O.S.No.445 of 1993 dated 13.03.1997, passed by the Additional District Munsif Court, Tuticorin.

For Appellant : Mr.N.Anandakumar For Respondent : Mr.N.Shanmugaselvam 1/4

JUDGMENT

On perusal of records, it shows that on 06.07.2014 itself the the sole appellant died. Though it is represented in the year 2014 itself, steps have been taken only in the year 2023, it shows that the appellant legal heirs is not interested in pursuing the appeal on merits and in view of the dismissal orders passed in CMP(MD) Nos.12645, 12646 & 12647 of 2023, this second appeal is liable to be dismissed as abated.

2. In view of the above, this second appeal is dismissed as abated. No costs.

09.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 2/4

To 1.The Subordinate Judge, Tuticorin.

2.The Additional District Munsif Court, Tuticorin.

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

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R.POORNIMA, J.

RM 09.01.2026 4/4