Santhanam Servai vs Malaichamy ... Plaintiff /
2021 Latest Caselaw 15498 Mad

                                                                             S.A.No.932 of 2003

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 02.08.2021

                                                   CORAM:

                              THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                             S.A.No.932 of 2003
                                                    and
                                         M.P.Nos.8457 & 8458 of 2003


                   1.Santhanam Servai

                   2.Katturaja

                   3.Kannan

                   4.Panchavarnam

                   5.Irulayi

                   6.Rengasamy Servai              ... Defendants / Appellants / Appellants

                                                   -Vs-


                   Malaichamy                     ... Plaintiff / Respondent / Respondent


                   PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                   Code, against the judgment and decree made in A.S.No.53 of 1999, dated
                   02.07.2002 on the file of the Additional District Judge cum Chief Judicial
                   Magistrate Court, Sivagangai, confirming the judgment and decree dated
                   22.12.1998 in O.S.No.120 of 1997 on the file of the Sub Court, Sivagangai.



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                                                                                      S.A.No.932 of 2003



                                          For Appellants        : Mr.A.Sivaji
                                          For Respondent        : Mr.P.T.S.Narendravasan


                                                       JUDGMENT

This second appeal arises out of a suit for partition.

2. When the matter was taken up for disposal, it was submitted that

the first appellant is no more. But the demise of the first appellant will not

result in abatement of the appeal. This is because, his sons have already

come on record as A2, A3, A4 and A5. It is also stated that the respondent

Malaichamy is no more. However, the learned counsel for the respondent is

unable to furnish the details regarding the legal heirs of Malaichamy.

Unless the details regarding the legal heirs of Malaichamy are informed to

the counsel for the appellants, he cannot take steps. They are thus facing a

peculiar situation. I therefore resolve the same by closing this case as

abated as against the respondent with liberty to revive the same, when the

legal heirs of the respondent apply for passing final decree.

3.With this liberty to the appellants, this second appeal is closed as

abated against the respondent. In other words, as and when the legal heirs

of the respondent file any final decree application, the appellants will https://www.mhc.tn.gov.in/judis/

S.A.No.932 of 2003

become aware of the details and it is open to the appellants to move this

Court for reopening this second appeal. No costs. Consequently, connected

miscellaneous petitions are closed.

02.08.2021

Internet : Yes/No Index : Yes/No rmi

To

1.The Additional District Judge cum Chief Judicial Magistrate Court, Sivagangai.

2.The Sub Court, Sivagangai.

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

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

S.A.No.932 of 2003

G.R.SWAMINATHAN.J.,

rmi

Judgment made in S.A.No.932 of 2003 and M.P.Nos.8457 & 8458 of 2003

02.08.2021

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