Pitchaimauthu v. Kaja Mohiden

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Pitchaimuthu : Appellant -vs1.Kaja Mohideen 2.Madasami (died) amended vide separate sheet 3.Mariappan 4.Natarajan Chettiar 5.Subbiah 6.Seenivasa Chettiar 7.Chellappa 8.Natarajan Kothanar 9.Thirumalai Vadivu 10.Chinthamani Alias Vijai 11.Marimuthu 12.Sethilmurugan (respondents 9 to 12 are brought on record as LRs of the deceased 2nd respondent vide Court, order dated 21.08.2023 made in MP(MD).Nos.1 to 3 of 2010) : Respondents PRAYER: The Second Appeal is filed under Section 100 C.P.C against the Judgment and Decree made in A.S.No.5 of 2001, dated 11.09.2001 passed by the Principal Subordinate Judge, Tenkasi confirming the Judgment and Decree passed in O.S.No.262 of 1994, dated 27.11.2000

passed by the learned District Munsif, Tenkasi. For Appellant :

Mr. M.P. Senthil For respondent :

No appearance

JUDGMENT

It is represented by the learned counsel for the appellant that the sole appellant died and in spite of his best efforts he could not contact the LRs of the deceased sole appellant and hence, he is not able to take appropriate steps.

2. In view of death of the sole appellant the appeal has already abated and accordingly, the Second Appeal is dismissed as abated. However, it is left open to the LRs if any of the appellant to file appropriate application seeking restoration of the Second Appeal if they are so advised. No costs.

05.02.2024 Internet : Yes / No Index : Yes / No trp

To

1. The Principal Subordinate Judge, Tenkasi

2. The learned District Munsif, Tenkasi.

MUMMINENI SUDHEER KUMAR. J.

trp 05.02.2024