Gurunathan vs Maria Antony
2021 Latest Caselaw 23834 Mad

                                                                                S.A(MD)No.426 of 2011


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 03.12.2021

                                                       CORAM

                       THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                              S.A(MD)No.426 of 2011
                                                      and
                                               M.P(MD)No.2 of 2011

                    Gurunathan                             ... Appellant/Respondent/Defendant

                                                     Vs.

                    1.Maria Antony
                    2.David Selvakumar
                    3.Joseph Mariva Pavulia                ... Respondents/Appellants/Plaintiffs


                    Prayer: Second Appeal filed under Section 100 of the Code of Civil
                    Procedure against the judgment and decree dated 19.10.2010, passed in
                    A.S.No.43 of 2008 on the file of the Subordinate Court, Ambasamuthram,
                    reversing the judgment and decree dated 29.08.2008, passed in O.S.No.43 of
                    2002 on the file of the District Munsif, Cheranmahadevi, Tirunelveli
                    District.


                                  For Appellant            : Mr.V.Kannan




                    1/4

https://www.mhc.tn.gov.in/judis
                                                                                   S.A(MD)No.426 of 2011


                                                       JUDGMENT

When the matter came up for hearing on 08.11.2021, the learned

counsel appearing for the appellant stated that the sole appellant died and

sought time to take steps. Therefore, the matter was directed to be posted on

22.11.2021 and on 22.11.2021, there was no representation for the appellant

and therefore, the matter was directed to be posted on 03.12.2021. Today,

when the matter is taken up for hearing, the learned counsel for the appellant

seeks time to take steps for the deceased sole appellant.

2. It is seen that the sole appellant died on 27.12.2012 and steps have

not been taken for the deceased appellant till now. It appears that the legal

heirs of the deceased sole appellant are not interested in prosecuting the

matter further. Therefore, this Court is of the view that no useful purpose

would be served in keeping the matter pending.

3.In view of the above, this second appeal is dismissed as abated. No

costs. Consequently, connected Miscellaneous Petition is closed.

                                                                                       03.12.2021
                    Index           : Yes/No
                    Internet        : Yes/No

https://www.mhc.tn.gov.in/judis S.A(MD)No.426 of 2011

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1.The Subordinate Court, Ambasamuthram.

2.The District Munsif, Cheranmahadevi, Tirunelveli District.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A(MD)No.426 of 2011

V.BHAVANI SUBBAROYAN, J.

ps

Judgment made in S.A(MD)No.426 of 2011

03.12.2021

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