Madras High CourtSA(MD)/57/2014dismissed as abated

Virudhunagar Gandhipuram Theru v. S.M.Sikkandhar (Died)

2023-12-11Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2023

CORAM

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI Virudhunagar Gandhipuram Theru Solaikudumban Vagaiarakkalin Poorviga Hindu Kudumbamargalin Pothumai Managing Board, Rep. by its Trustee P.Jagannathan, S/o.Perumal, 139, Gandhipuram Street, Virudhunagar - 626 001 ...Appellant vs.

S.M.Sikkandhar (died) 2.S.Shahjehan 3.S.Mohammed Hanifa ... Respondents (Respondents 2 and 3 are brought on record as LRs of the deceased sole respondent vide Court order dated 27.07.2021 in C.M.P.(MD)Nos.5170, 5171 and 5173 of 2021 in S.A.(MD)No.57 of 2014) Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 28.06.2010 in A.S.No.33 of 2009 on the file of the Subordinate Judge, Virudhunagar reversing the Judgment and Decree dated 30.01.2009 in O.S.No.300 of 2007 on the file of the District Munsif, Virudhunagar. For Appellant :

Mrs.P.Malini For Respondents :

Mr.N.Dilip Kumar for R2 and R3

JUDGMENT

The appellant is Virudhunagar Gandhipuram Theru Solaikudumban Vagaiarakkalin Poorviga Hindu Kudumbamargalin Pothumai Managing Board, represented by its Trustee P.Jagannathan. The said Trustee is reported dead.

2. Therefore, the Second Appeal stands dismissed as abated. No costs.

11.12.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Subordinate Judge, Virudhunagar 2.The District Munsif, Virudhunagar 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

R.KALAIMATHI , J.

mbi 11.12.2023