Dismissed¶34

P.Murugesa Perumal (Died) v. M.Bose

Madras HC17 Mar 2025SA(MD)/490/2019

Case brief

AI extract

What is this about?

Second appeal dismissed as abated on appellant's death; S.A.(MD)No.490 of 2019; Madurai Bench of Madras High Court; decided 17.03.2025 by Justice K.K.Ramakrishnan; Section 100 C.P.C.; abatement following Pattiveeranpatti Police Station report that second appellant P.Subramani died on 14.07.2022; liberty to legal heirs to apply for restoration; no order as to costs; antecedents: A.S.No.21 of 2016 (Fast Track Mahila Judge, Dindigul) reversing O.S.No.89 of 2006 (Principal Subordinate Judge, Dindigul); parties Murugesa Perumal/Subramani v. M.Bose/B.Kanmani/B.Sowbaraniya/B.Madumitha; LRs admitted 04.02.2022 in C.M.P.(MD).Nos.837 & 838 of 2022; no cases cited, no advocates named.

What did the court decide?

In view of the police report establishing that the second appellant, P.Subramani, died on 14.07.2022, the second appeal is dismissed as abated.

P.Murugesa Perumal (Died) Vs M.Bose — Madras HC (2025) — LawSathi Research

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S.A.(MD)No.490 of 2019

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BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

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DATED: 17.03.2025

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CORAM

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THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN

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S.A.(MD)No.490 of 2019

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P.Murugesa Perumal (died)

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2.Subramani

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... Appellant

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(second appellant is brought on record

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as LR's of the deceased sole appellant

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vide Court order dated 04.02.2022 in C.M.P.(MD).No.838/22)

M.Bose

2.B.Kanmani

3.B.Sowbaraniya

4.B.Madumitha ... Respondents

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(respondents 2 to 4 are brought on record as LRs of

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the deceased sole respondent vide Court order dated 04.02.2022

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made in C.M.P.(MD).No.837 of 2022)

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PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 10.11.2017, passed in A.S.No.21 of 2016 on

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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.490 of 2019

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the file of the learned Fast Track Mahila Judge, Dindigul, reversing the judgment and decree dated 01.12.2015, passed in O.S.No.89 of 2006, by the learned Principal Subordinate Judge, Dindigul.

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For Appellants :A1 and A2 died

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For Respondents :R1 died steps taken

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R2 to R4 batta with enclosures Due

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memo filed USR25545 Dated 17.11.2021

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JUDGMENT

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When the matter was taken up for hearing on earlier occasion, this

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Court directed Jurisdicational Police Station to submit the report about the status of the parties.

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2.When the matter is taken up for hearing today, the Inspector of Police, Pattiveeranpatti Police Station, Dindigul District, produced the report and it reveals that the second appellant namely, P.Subramani, died on 14.07.2022 and he also produced the death certificate of the second appellant.

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3.In view of the above submission, this second appeal is dismissed as abated. It is open to the legal heirs of the second appellant to file

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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.490 of 2019

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necessary application to restore the application as per law, if circumstances warrants. There shall be no order as to costs.

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17.03.2025