Madras High CourtSA(MD)/490/2019dismissed as abated

P.Murugesa Perumal (Died) v. M.Bose

2025-03-17Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 17.03.2025

CORAM

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN P.Murugesa Perumal (died) 2.Subramani ... Appellant (second appellant is brought on record as LR's of the deceased sole appellant vide Court order dated 04.02.2022 in C.M.P.(MD).No.838/22) Vs M.Bose 2.B.Kanmani 3.B.Sowbaraniya 4.B.Madumitha ... Respondents (respondents 2 to 4 are brought on record as LRs of the deceased sole respondent vide Court order dated 04.02.2022 made in C.M.P.(MD).No.837 of 2022) PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 10.11.2017, passed in A.S.No.21 of 2016 on 1/4

the file of the learned Fast Track Mahila Judge, Dindigul, reversing the judgment and decree dated 01.12.2015, passed in O.S.No.89 of 2006, by the learned Principal Subordinate Judge, Dindigul. For Appellants :A1 and A2 died For Respondents :R1 died steps taken R2 to R4 batta with enclosures Due memo filed USR25545 Dated 17.11.2021

JUDGMENT

When the matter was taken up for hearing on earlier occasion, this Court directed Jurisdicational Police Station to submit the report about the status of the parties.

2.When the matter is taken up for hearing today, the Inspector of Police, Pattiveeranpatti Police Station, Dindigul District, produced the report and it reveals that the second appellant namely, P.Subramani, died on 14.07.2022 and he also produced the death certificate of the second appellant.

3.In view of the above submission, this second appeal is dismissed as abated. It is open to the legal heirs of the second appellant to file 2/4

necessary application to restore the application as per law, if circumstances warrants. There shall be no order as to costs. 17.03.2025 vsg NCC : Yes / No Index : Yes / No Internet : Yes / No To 1.The learned Fast Track Mahila Judge, Dindigul.

2.The learned Principal Subordinate Judge, Dindigul.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4

K.K.RAMAKRISHNAN , J.

vsg 17.03.2025 4/4