Senthil Tiruppani Arakattalai v. Krishnamoorthy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Senthil Tiruppani Arakattalai Through its Akthar, Seervalacheer Sivaprakasa Pandara Sannathi (Died), and now, Senthil Thiruppani Arakkattalai, Through its Akthar, Sri.La.Sri.Ambalavana Pandara Sannithi, Thiruvavadudurai Athinam, Thiruvavadudurai, Kuttalam Taluk, Nagapattinam District.

... Appellant/Appellant/ Plaintiff Vs.

Krishnamoorthy ... Respondent/ Respondent/Defendant PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree of the Lower Appellate Court dated 18.09.2018 made in A.S.No.131 of 2017 (A.S.No.70 of 2013 Sub Court, Thoothukudi) on the file of the Sub Court, Tiruchendur, confirming the judgment and decree of the Trial Court dated 25.02.2013 made in O.S.No.34 of 2009 on the file of the District Munsif Court, Tiruchendur and to allow the Second Appeal.

For Appellant : Mr.S.P.Maharajan For R-1 : Mr.R.J.Karthick For R-2 : No appearance

JUDGMENT

The sole respondent in the appeal died. The appeal has been adjourned on 30.06.2025, 14.07.2025 and 30.07.2025. To provide one last opportunity, to take steps to bring on record the legal heirs of the deceased sole respondent, the appeal was posted today. Even today, no steps have been taken to bring on record the legal heirs of the deceased sole respondent.

2. The learned counsel for the appellant submits that the appellant has not turned up yet to take necessary steps. As such, it is evident that the appellant is not interested in prosecuting the appeal.

3. In view of the above, the Second Appeal is dismissed as abated. There shall be no order as to costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Sub Court, Thoothukudi.

2.The District Munsif Court, Tiruchendur.

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

G.ARUL MURUGAN,J.

Lm 08.08.2025