Dismissed¶32

A.Murugesan v. S.Appavoo (Died)

Madras HC28 Jan 2025SA(MD)/104/2012

Case brief

AI extract

What is this about?

Second appeal abatement on death of sole appellant; S.A.(MD)No.104 of 2012; Madras High Court, Madurai Bench; Section 100 Civil Procedure Code; A.S.No.7 of 2009 Additional Subordinate Judge Fast Track Court Dindigul decree dated 11.11.2010; O.S.No.97 of 2004 Principal Sub Court Dindigul decree dated 09.01.2009; legal heirs untraceable; dismissed as abated; no costs; judgment dated 28.01.2025; S.Srimathy, J.

What did the court decide?

None; the Second Appeal was dismissed as abated with no costs. ¶32

A.Murugesan Vs S.Appavoo (Died) — Madras HC (2025) — LawSathi Research

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S.A.(MD).No.104 of 2012

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THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 28.01.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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S.A.(MD)No. 104 of 2012

A.Murugesan

... Appellant

/Vs./

S. Appavoo (Died)

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A.Palanichamy

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A.Subramanian

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A.Veluchamy

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A.Chinnachamy

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A.Krishnan

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A.Prabhakaran

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Malathi

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...Respondents

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[ R-6 to R-8 are brought on record as LRs of deceased R-1 vide Order of this Court, dated 11.06.2019 ]

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PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the Judgment and Decree, dated 11.11.2010 in A.S.No. 7 of 2009 on the file of the Learned Additional Subordinate Judge, Fast Track Court, Dindigul, confirming the Judgment and Decree, dated

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1/4

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https://www.mhc.tn.gov.in/judis

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S.A.(MD).No.104 of 2012

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09.01.2009 passed in O.S.No.97 of 2004 on the file of the Principal Sub Court, Dindigul and allow this Second Appeal.

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For Appellant : M/s.Antony Arulraj For Respondents : R-1 Died Mr.G.Marimuthu, for R-3 R-2, 4 & 5 – No appearance Mr.P.Vairava Sundaram, for R-6 to R-8

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JUDGMENT

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The Learned Counsel appearing for the Appellant submitted that the sole appellant died. The Learned Counsel appearing for the respondents 4 to 8 has filed a memo stating that the appellant died four months before and his wife also pre-deceased and has four children, in which one daughter and one son were pre-deceased. As of now one son, namely; Bharathi and one daughter namely; Solamani are available. The son is residing in the same address where his father resided and the daughter is residing in the adjacent town, namely; Ayyalur. However, the Learned Counsel appearing for the appellant submitted that he is not able to contact the Legal heirs of the appellant.

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2/4

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https://www.mhc.tn.gov.in/judis

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S.A.(MD).No.104 of 2012

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2. Recording the aforesaid memo, this Second Appeal is

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dismissed as abated. No costs.

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28.01.2025 Index : Yes / No NCC : Yes / No