Rasu (Died) v. Balamuthu Thalamjiriari
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR SA.No.2135 of 2003 and CMP(MD).No.19857 of 2006 1.Rasu (died) 2.Pichaiammal 3.Kumarithai 4.Sundravalli 5.Murugaiah 6.Thamaraiselvi 7.Minor Anjugam 8.Minor Kanmani (minors rep. by their guardian Pichaiammal) 9.Chellammal 10.Chinnammal 11.Minor Pichaimuthu (rep. by mother and guardian Ms. chellammal) 12.Chellapappu 13.Rajamani 14.Lakshmi 15.Amirtham 16.Narikannu 17.Ilanjiaym 18.Anjalai 19.Veluamani 20.Karuppaiya 21.Minor Nagalakshmi 22.Minor Muthulakshmi (Minors rep. by their mother / guardian Anjalai)
23.R.Chellammal 24.R.Rathinam 25.R.Muthaiah 26.K.Vijaya 27.V.Vallikannu 28.R.Lakshmanan (Appellants 23 to 28 are brought on record as LRs of the deceased appellants vide vide order, dated 01.02.2010 made in MP(MD).Nos.2 and 3 of 2009 in SA.No.2135 of 2003 by ASJ) ... Appellants -vs1.Balamuthu Thalenjirier 2.Shanmugam (died) 3.Thulasi (died) 4.Periyasamy 5.Muthu Seeniammal 6.Mariappan 7.Kannan 8.Renganayagi 9.Sudararjan 10.Indira 11.Perumal 12.Pappu 13.Chinnaponnu 14.Bommayee 15.Mangulathal 16.Balu 17.Jayakumar 18.Amusu 19.Arumugham 20.Chellam 21.Karuppaiya 22.Thothan 23.Veeran 24.Lakshmanan 25.Chinnaponnu
26.Ponnammal 27.Vesai 28.Marudhambal 29.Mariyammal 30.Ammasi 31.Chinnammal 32.Adaikappan 33.S.Palani 34.S.Arumugam 35.V.Ammasi 36.Palaniammal (R33 to R36 are brought on record as LRs of the deceased 2nd respondent vide court order, dated 04.06.2020 made in CMP(MD).No.9926 / 2016 in SA.No.2135 of 2003 by TKRJ)
37. Muniyandi 38.Periyasami 39.Palaniammal 40.Padmini (R37 to R 40 brought on record as LRs of the deceased 3rd respondent vide court order, dated 04.06.2020 made in CMP(MD).No.9926 / 2016 in SA.No.2135 of 2003 by TKRJ) ..
Respondents PRAYER: The Second Appeal is filed under Section 100 C.P.C against Judgment and decree, dated 16.04.2003 made in A.S.No.229 of 2002 on the file of the Additional District Judge, Trichirappalli, Fast Track Court No.I, confirming the Judgment and decree dated 18.07.2002 made in O.S.No. 167 of 1978 on the file of the First Additional District Munsif, Thiruchirappalli.
For Appellants : Mr.B. Rajendran For respondents 34 to 36 : Mr.S. Ramesh
JUDGMENT
Though the respondent Nos.4, 33, 37 and 39 were reported dead as early as on 01.02.2017, no steps have been taken so far to bring on record the LRs of the deceased respondents.
2. This Second Appeal is arising out of the suit in O.S.No. 167 of 1978. The said suit was filed for bare injunction and the same was dismissed by the trial Court and subsequently, confirmed by the appellate Court as early as in the year 2003. This Second Appeal was filed in the year 2003 and the same was dismissed as against the respondent Nos.1 and 5 to 32 as early as on 27.04.2007. The respondent Nos.4, 33, 37 and 39 were reported dead before this Court as early as on 01.02.2017. So far no steps have been taken to bring on record the LRs of the deceased respondent Nos.4, 33, 37 and 39. In view of the same, the Second Appeal is already abated in respect of the respondent Nos.4, 33, 37 and 39. The cause of action alleged in the plaint is common against all the respondents. As the Second Appeal has already been dismissed as against the
respondents 1, 4, 5 to 33, 37 and 39, the Second Appeal does not survives as against other respondents. Further, the decree as against the above referred respondents also become final and the same cannot be interfered with by this Court as the decree that had become final as against some of the respondents would operate as Resjudicata.
3. In the circumstances, the Second Appeal is dismissed. In case, if the appellants have any fresh cause of action, it is open to them to take appropriate steps in accordance with law. No costs. Consequently, the connected Miscellaneous Petition is closed. 09.01.2024 Internet : Yes / No Index : Yes / No trp To
1. The Additional District Judge, Fast Track Court No.I, Trichirappalli.
2. The First Additional District Munsif, Thiruchirappalli.
MUMMINENI SUDHEER KUMAR. J.
trp SA.No.2135 of 2003 and CMP(MD).No.19857 of 2006 09.01.2024