R.Banumathi (Died) v. Srinivasa Mudaliar (*) Died

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2022 CORAM : JUSTICE N.SESHASAYEE R.Banumathi(Died) ...Appellant/Appellant/Plaintiff 2.Rajappa 3.Balamurugan 4.Karpagam ...LRs of the deceased sole appellant [Appellants 2 to 4 are brought on record as LRs of the deceased sole appellant vide order dated 08.03.2016 made in M.P(MD).No.1 of 2014 in S.A(MD).No.1534 of 2004] Vs 1.Srinivasa Mudaliar (Died) 2.Swaminathan ... Respondents/Respondents/Defendants 3.S.Palaniappan 4.S.Ganapathi 5.S.Muruganantham 6.S.Saminathan ...LRs of the deceased 1st respondent [R3 to R6 are brought on record as LRs of the deceased 1st respondent as per the order dated 10.09.2018 made in M.P(MD).No. 1 of 2013 in S.A.(MD).No.1534 of 2004]

Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree passed by the Principal Subordinate Court, Kumbakonam dated 22.01.2004 made in A.S.No.151 of 2003 confirming the judgment and decree dated 07.08.2003 passed in O.S.No.100 of 1994 on the file of the Principal District Munsif Court, Valangaiman, Kumbakonam. For Appellant :

Mr.P.T.S.Narendravasan For Respondents :

Mr.Muthukrishnan for R2, R3, R5 and R6 R4-Dismissed R1-Died

J U D G M E N T

The learned counsel appearing for the appellants informs this Court that the first appellant had died long back and as per instruction he has, the parties too have compromised the matter out of the Court. Therefore, this Second Appeal is dismissed as infructuous. No costs. 07.12.2022 Internet:Yes Index:Yes/No ssb

To 1.The Principal Subordinate Court, Kumbakonam 2.The Principal District Munsif Court, Valangaiman, Kumbakonam. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court.

N.SESHASAYEE, J.

ssb 07.12.2022