C.Pachamuthu vs Semmalai
2021 Latest Caselaw 24396 Mad

                                                                                        S.A.No.2249 of 2004

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 10.12.2021

                                                              CORAM

                                    THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                                                      S.A.No.2249 of 2004
                                                              and
                                                    C.M.P.Nos.20003 of 2004
                                                        and 2004 of 2008


                     1.C.Pachamuthu
                     2.Neelambal                                                        ...Appellants
                                                                Vs
                     1.Semmalai
                     2.Arthanari
                     3.Kumar                                                          ...Respondents

                                  Second Appeal filed under Section 100 of the Code of Civil Procedure
                     as against the judgement and decree dated 20.11.2003 made in A.S.No.82 of
                     2003 on the file of the District Court, Salem, reversing the Judgement and
                     decree dated 20.12.2002 in O.S.No.1018 of 1997 on the file of the learned I
                     Additional District Munsif Court, Salem.

                                        For Appellants            : Mr.D.Shivakumaran

                                        For Respondents           : Mr.R.Nalliappan




                     1/4



https://www.mhc.tn.gov.in/judis
                                                                                       S.A.No.2249 of 2004



                                                       JUDGMENT

When the matter was listed for hearing on 09.08.2021, the learned

counsel for the appellants sought time to get instructions, as to whether

anything survives for adjudication in this matter and hence, the matter was

adjourned to 06.09.2021.

2.Today, when the matter is taken up for hearing the learned counsel

for the appellants submitted that the appellants died and he is not able to get

instructions to bring the legal heirs on record to pursue the matter further.

3.In view of the submissions made by the learned counsel for the

appellants, this Second Appeal is dismissed as abated. There shall be no

order as to costs. Consequently, connected miscellaneous petitions are

closed.

10.12.2021

Internet: Yes/No ms

https://www.mhc.tn.gov.in/judis S.A.No.2249 of 2004

To

1.The District Judge, District Court, Salem.

2.The I Additional District Munsif, Salem.

https://www.mhc.tn.gov.in/judis S.A.No.2249 of 2004

J.NISHA BANU, J., ms

S.A.No.2249 of 2004 and C.M.P.Nos.20003 of 2004 and 2004 of 2008

10.12.2021

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