Madasamy v. Valliammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN 1.Madasamy 2.Rathinam 3.Sornappan 4.Rayappan 5.Krishnan ... Appellants/Appellants/Plaintiffs Vs.

1.Valliammal 2.Boothapandi Town Panchayat, Through its Executive Officer, Boothapandi Village, Thovalai Taluk, Kanyakumari District.

... Respondents/Respondents/Defendants Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30.08.2004 passed in A.S.No.48 of 2003 on the file of the Principal Sub Court, Nagercoil, confirming the judgment and decree dated 31.03.2003 passed in O.S.No.79 of 1998 on the file of the Principal District Munsif Court, Nagercoil.

For Appellants : Mr.S.Ramesh For R - 1 : Mr.T.Arul 1/4

JUDGMENT

When the matter is taken up for hearing today, the learned counsel appearing for the appellants submitted that all the appellants died and inspite of taking earnest efforts to bring on record the legal representatives of the deceased appellants, the legal heirs of the deceased appellants are not interested in pursuing the matter further and hence, the learned counsel for the appellants reported 'no instructions'.

2.It appears that the legal heirs of the deceased appellants is not interested in prosecuting the matter further. Therefore, this Court is of the view that no useful purpose would be served in keeping the matter pending.

3.Recording the submission and endorsment made by the learned counsel appearing for the appellants, the Second Appeal is dismissed as abated. No costs.

22.10.2024 NCC : Yes/No Index : Yes/No ps 2/4

To 1.The Principal Sub Court, Nagercoil.

2.The Principal District Munsif Court, Nagercoil.

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

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V.BHAVANI SUBBAROYAN, J.

ps Judgment made in 22.10.2024 4/4