M.Soundararajan vs N.Kanchana(Died) ... 1St
2021 Latest Caselaw 24527 Mad

                                                                              S.A.No.628 of 2005



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 13.12.2021

                                                   CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                              S.A.No.628 of 2005


                     M.Soundararajan                        ... Appellant/
                                                                1st Respondent/1st Defendant
                                                      Vs.
                     1.N.Kanchana(Died)                         ... 1st Respondent/
                                                                    Appellant/ Plaintiff
                     2.The Madurai City Muncipal Corporation
                       Through its Commissioner,
                       Anna Maligai,
                       Madurai-625020.

                     3.K.Nagarajan
                     4.N.Vijayakogilah
                     5.N.Kannaia Babu
                     6.N.Arun Viknesh
                       (Respondents 3 to 6 are impleaded vide
                       Court order dated 20.07.2021, made in
                       C.M.P(MD)No.1007 of 2021 in
                       S.A(MD)No.628 of 2005.)

                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the decree and judgment dated 21.12.2004
                     rendered in A.S.No.8 of 2004 on the file of the Additional Subordinate

                     1/4




https://www.mhc.tn.gov.in/judis
                                                                                 S.A.No.628 of 2005

                     Judge II, Madurai, reversing the decree and the judgment dated
                     10.10.2003 rendered in O.S.No.735 of 1997 on the file of the Principal
                     District Munsif of Madurai Town.


                                           For Appellant    : No appearance
                                           For Respondent   : Mr.M.Saravanan
                                                              for R3 to R6
                                                              No appearance
                                                              for R2

                                                          JUDGMENT

The learned counsel for the respondent submits that the sole

appellant has passed away in the year 2009 and the legal heirs have not

responded to get themselves impleaded. Hence, this Second Appeal is

dismissed as abated.

                                                                                 13.12.2021


                     Index             :       Yes / No
                     Internet          :       Yes / No
                     gbg

https://www.mhc.tn.gov.in/judis S.A.No.628 of 2005

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 Additional Subordinate Judge II, Madurai,

2.The Principal District Munsif Madurai Town.

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

https://www.mhc.tn.gov.in/judis S.A.No.628 of 2005

R.VIJAYAKUMAR ,J.

gbg

Order made in S.A.No.628 of 2005

Dated:

13.12.2021

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