Choodamani Ammal v. P.V.Palanivel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.A(MD).No.123 of 2004 1.Choodamani Ammal 2.S.Rasappan (died) ....Appellants/Appellants/Defendants 3.Venilla 4.Venkatesan 5.Thendral ....Legal heirs of the 2nd Appellant (Appellants 3 to 5 are brought on record as legal heirs of the deceased 2nd appellant vide order dated 02.03.2007) -vsP.V.Palanivel ....Respondent/Respondent/Plaintiff PRAYER : Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree made in A.S.No.82 of 2002 on the file of the II Additional Subordinate Judge, Tiruchirappalli dated 20.11.2003 in confirming the judgment and decree made in O.S.No.27 of 1994 on the file 1/4

of the III Additional District Munsif, Tiruchirappalli dated 20.06.2002. For Appellants :

Mr.K.K.Senthil

JUDGMENT

This second appeal arises out of suit and countersuit. 2.The learned counsel appearing for the appellants submits that the sole respondent had passed away in the year 2021 and the appellants have not responded for filing the legal heir application. 3.In view of the above said submission, this second appeal is dismissed as abated. No costs.

11.08.2025.

Index : Yes / No Internet : Yes / No NCC : Yes/No msa 2/4

To 1.The II Additional Subordinate Judge Tiruchirappalli 2.The III Additional District Munsif Tiruchirappalli 3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

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