Madras High CourtSA(MD)/599/2019dismissed as abated

Muppudathi, Died By Lrs v. Muthulakshmi

2024-06-24Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Muppudathi (died) By LRs

1. S.Singammal

2. M.Balamurugan

3. M.Guruvammal ... Appellants Vs.

1. Muthulakshmi

2. Mariammal

3. Karuppasamy

4. R.Pechiammal ... Respondents PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 26.02.2010 passed by the learned Subordinate Judge, Srivilliputhur in A.S.No.44 of 2008 in confirming the judgment and decree of Additional District Munsif Court, Srivilliputhur in O.S.No.945 of 2004 dated 22.02.2008. 1/4

For Appellants : Mr.A.R.Kannappan For R1 & R2 : Mr.S.Alagusundar

JUDGMENT

The Second Appeal is directed against the judgment and decree passed in A.S.No.44 of 2008 dated 26.02.2010 on the file of the Subordinate Court, Srivilliputhur, confirming the judgment and decree made in O.S.No.945 of 2004 dated 22.02.2008 on the file of the Additional District Munsif Court, Srivilliputhur.

2. When the matter is taken up for hearing today, the learned counsel appearing for the appellants filed a Memo dated 20.06.2024 stating that he sent a letter to the second appellant to furnish the particulars of the deceased respondents 3 and 4, but the second appellant has neither contacted nor furnished the particulars and that they are not having any instructions from the second appellant. The above said Memo is recorded.

3. It is seen from the records that though the death of the respondents 3 and 4 was reported as earlier as on 19.03.2024, steps not 2/4

taken till now. Hence, the Second Appeal is dismissed as abated. No costs.

24.06.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To

1. The Subordinate Court, Srivilliputhur.

2. The Additional District Munsif Court, Srivilliputhur. 3/4

K.MURALI SHANKAR, J csm Judgment made in Dated : 24.06.2024 4/4