Madras High CourtSA(MD)/5/2014dismissed as abated

Shanmugam Pillai, v. Vanji Nagaram Panchayat,

2025-09-19Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P.(MD)No.1 of 2014 Shanmugam Pillai ... Appellant / Appellant / Plaintiff Vs.

1.Vanji Nagaram Panchayat, Rep. by its President, Vanji Nagara Village, Melur Taluk, Madurai District.

2.Kottampatti Panchayat Union, Rep. by its Commissioner, Kottampatti, Melur Taluk, Madurai District.

3.Muthulakshmi 4.Udayappa Pillai (Died) / Given up ... Respondents / Respondents / Defendants (Memo dated 15.11.2017 in USR No.5282 is recorded as 3rd respondent given up vide Court order dated 19.12.2022 made in SA(MD)No.5 of 2014) 1/4

(R-4 (Died) / Given up, there is no necessary for taking steps to bring the LRS of the deceased R-4, memo recorded, filed in USR No.3896 dated 27.08.2015, vide Court order dated 08.08.2016 made in SA(MD)No.5 of 2014) PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, 1908, against the Judgment and Decree dated 16.11.2012 rendered in A.S.No.91 of 2010, on the file of the learned Subordinate Judge, Camp at Melur, confirming the decree and judgment dated 26.03.2010 rendered in O.S.No.121 of 2007 on the file of the District Munsif of Melur.

For Appellant : Mr.G.Aravinthan For Respondents : Mr.K.Mariappan

JUDGMENT

When the matter was taken up for hearing on 02.01.2024, the learned counsel appearing for the appellant submitted that the appellant is "no more" and sought permission of this Court to bring the legal heirs of the deceased appellant.

2. Today, i.e., on 19.09.2025, when the matter was taken up for hearing, the learned counsel appearing for the appellant submitted that the letter sent to the appellant has been returned as deceased and the legal heirs of the appellant are not known. A memo dated 19.09.2025 in USR No.39158 has been filed to that effect.

2/4

3. Recording the same, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

19.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Subordinate Judge, Camp at Melur.

2.The District Munsif, Melur.

3/4

L.VICTORIA GOWRI, J., Sml 19.09.2025 4/4