Ramasamy Pillai vs Sundaresan Chettiar(Died)
2021 Latest Caselaw 23960 Mad

                                                                              S.A.No.1441 of 1998

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 06.12.2021

                                                    CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                               S.A.No.1441 of 1998

                     Ramasamy Pillai                           ... Appellant/
                                                                   Appellant/Plaintiff
                                                       Vs.

                     1.Sundaresan Chettiar(Died)               ... Respondent /
                                                                   Respondent/ 2nd Defendant
                     2.Rajammal
                     3.Vijaya
                     4.Gangadaran
                     5.Saroja
                       (R2 to R5 are brought on record as legal heirs of
                       deceased sole respondent, vide Court dated
                       04.04.2018 made in C.M.P(MD)No.7065 to 7067 of
                       2003 in S.A.No.1441 of 1998.)

                     PRAYER :         Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree of the learned First
                     Additional District Judge of Chief Judicial Magistrate, Tiruchirapalli
                     dated 27.11.1997 in A.S.No.135 of 1996 confirming the judgment and
                     decree of the learned District Munsif Cum-Judicial Magistrate, Lalgudi
                     dated 20.12.1995 in O.S.No.835 of 1995.


                                     For Appellant   : Mr.V.Ramakrishnan
                                     For Respondents : No appearance



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                                                                                 S.A.No.1441 of 1998



                                                        JUDGMENT

The learned counsel for the appellant submits that the sole

respondent has passed away. The legal heirs of the deceased sole

respondent are not responding to get themselves impleaded in the appeal

to prosecute the appeal. Hence, this Second Appeal is dismissed as

abated. No costs.

                                                                              06.12.2021

                     Index             :     Yes / No
                     Internet          :     Yes / No
                     gbg

                     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.

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S.A.No.1441 of 1998

To

1.The First Additional District Judge, The Chief Judicial magistrate, Tiruchirapalli.

2.The District Munsif Cum-Judicial Magistrate, Lalgudi.

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

\

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S.A.No.1441 of 1998

R.VIJAYAKUMAR ,J.

gbg

Order made in S.A.No.1441 of 1998

Dated:

06.12.2021

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