Madasamy v. Shanmugasundara Naidu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2025

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Madasamy ... Plaintiff/Appellant/ Appellant Vs.

1.Shanmugasundara Naidu 2.Aruna @ Arunachalam 3.Petchimuthu ... Defendants/Respondents/ Respondents PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, 1908, against the judgment and decree of the learned Principal District Judge, Tirunelveli passed in A.S.No.236 of 2002 dated 02.01.2004 confirming the judgment and decree of the learned Principal District Munsif, Tirunelveli passed in O.S.No.546 of 1996, dated 20.06.2002.

For Appellant : Mr.M.P.Senthil R-1 : Dismissed for default R-2 & R-3 : Died 1/4

JUDGMENT

As against the first respondent, appeal was dismissed for default on 21.02.2020. On.09.09.2024, it was reported that the second respondent had died and on 18.11.2024, it was stated that the third respondent had died but so far no steps have been taken to implead the legal heirs of the deceased respondents 2 and 3.

2. The learned Counsel appearing for the appellant submits that the appellant has not responded for taking steps to implead the legal heirs. Recording the same, the Second Appeal stands dismissed as abated. There shall be no order as to costs.

11.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes BTR To 1.The Principal District Judge, Tirunelveli.

2.The Principal District Munsif, Tirunelveli.

2/4

3.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.

3/4

R.VIJAYAKUMAR, J.

BTR Judgment made in Dated:

11.07.2025 4/4