Dismissed¶21

S.S. Muthaiah v. Unnamalai Aachi

Madras HC6 Mar 2025SA(MD)/340/2012

Case brief

AI extract

What is this about?

Abatement of second appeal; death of sole appellant during pendency; legal heirs did not respond to phone calls; counsel reported 'no instructions'; memo recorded; appeal dismissed as abated with no costs; connected miscellaneous petition closed; Section 100 Civil Procedure Code; Madurai Bench of Madras High Court; impugned first-appellate reversal by Principal District Judge, Sivagangai in A.S.No.20 of 2009 of Sub Judge, Devakottai decree in O.S.No.24 of 2006; short order, no merits adjudication, no precedent on underlying dispute.

What did the court decide?

None; the Second Appeal was dismissed as abated with no costs and the connected Miscellaneous Petition (M.P(MD)No.1 of 2012) was closed. ¶21

S.S. Muthaiah Vs Unnamalai Aachi — Madras HC (2025) — LawSathi Research

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S.A(MD)No.340 of 2012

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.03.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE P.VADAMALAI

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S.A(MD)No.340 of 2012 and

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M.P(MD)No.1 of 2012

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S.S.Muthaiah

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... Appellant/1^st Respondent/

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Plaintiff

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Vs.

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1.Unnamalai Aachi ...1^st Respondent/Appellant/ 2^nd Defendant 2.Valliammai ...2^nd Respondent/2^nd Respondent/ 1^st Defendant

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PRAYER :-

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This Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 30.08.2011 in A.S.No.20 of 2009 on the file of the Principal District Judge, Sivagangai, reversing the judgment and decree, dated 31.03.2008 in O.S,No.24 of 2006 on the file of the Sub Judge, Devakottai.

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For Appellant : Mr.R.Rajesh Kumar for V.R.Shanmuganathan For R1 : Mr.T.Antony Arulraj For R2 : Mr.S.Madhavan

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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.340 of 2012

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JUDGMENT

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When the matter was taken up for hearing today (06.03.2025), the learned counsel for the appellant submitted that the sole appellant is no more and even after making several phone calls requiring the appellant's legal heirs to furnish the details, there was no reply from them and reported 'no instructions'. A memo has also been filed to that effect. The said memo is recorded.

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Hence, this Court has no other way except to dismiss this appeal as abated. Accordingly, this Second Appeal is dismissed as abated. No costs. Consequently, the connected Miscellaneous Petition is closed.

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06.03.2025

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NCC : Yes / No Internet : Yes / No Index : Yes / No VSD

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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.340 of 2012

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