In a second appeal, the Madurai Bench of the Madras High Court recorded the submission that the sole appellant had died and could not be contacted. Having noted that legal heirs were brought on record within the limitation period, the court dismissed the appeal as abated.
Second appeal dismissed as abated. No costs.
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S.A.No.378 of 2003
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
S.A.No.378 of 2003
Kulamani
...3rd Defendant/2nd Appellant/Appellant
-Vs-
1.Ramalingam Pillai(Died)
2.Murugesan
...2 & 4 Defendants/1 & 3 Appellants/ Respondents 1 & 2
3.Ranganayaki Ammal (Died)
...2nd Plaintiff/2nd Respondent/ 3rd Respondent
4.Polamadan
5.Krishnamurthy
6.Karpagam
(Respondents 4 to 5 are brought on record as LR's of the deceased 3rd respondent -Vide order dated 08.07.2015 made in M.P.No.1 of 2007 in S.A.No.378 of 2003)
(R6 brought on record as LR's of the deceased R1, Vide Court order dated 19.07.2018 in C.M.P(MD)Nos.6413 to 6415 of 2016 in S.A.(MD)No.378 of 2003.)
...Respondent/Respondent/Defendant
Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree of the Additional District Judge, Tiruchirapalli in A.S.No.9 of 1997 and dated 14.01.1999 in confirming the Judgment and Decree of the Court of the Principal Subordinate Judge, Tiruchirapalli in O.S.No.415 of 1981 and dated 30.03.1995.
Page 1 of 3
S.A.No.378 of 2003
For Appellant : Mr.Raguvaran Gopalan For Respondents : Mr.A.V.Arun for R4 and R5 Mr.K.S.Vamsidhar for R6
JUDGMENT
When the matter is taken up for hearing today, the learned counsel for the
appellant submitted that the sole appellant died and he is unable to contact the parties.
2.The said submission is recorded. Since the sole appellant died and his legal heirs are brought on record within the limitation period, this Second Appeal is dismissed as abated. No costs.
18.11.2024
NCC : Yes/No
Index : Yes/No Internet: Yes/No skn To
1.The Additional District Court, Tiruchirapalli.
2.The Principal Subordinate Court, Tiruchirapalli.
3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
Page 2 of 3
S.A.No.378 of 2003
V.SIVAGNANAM. J,
skn
S.A.No.378 of 2003
18.11.2024
Page 3 of 3
Kulamani
Ramalingam Pillai(Died)
Murugesan
Ranganayaki Ammal (Died)
Polamadan
Krishnamurthy
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
