Kombu Thevar vs Balu Thevar (Died)
2021 Latest Caselaw 24627 Mad

                                                                           S.A.No.886 of 1999

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 14.12.2021

                                                   CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                               S.A.No.886 of 1999


                     1.Kombu Thevar

                     2.Thirmalai Thevar

                     3.Velusamy @ Velu Thevar

                     4.Krishna Thevar

                     5.Nainar Thevar                                ... Appellants/
                                                                        Appellants/
                                                                        Defendants

                                                      Vs.

                     1.Balu Thevar (Died)

                     2.Pandara Thevar (Died)

                     3.Pethci Thevar

                     4.Velammal

                     5.Marimuthu

                     6.Murugan                                      ... Respondents/
                                                                        Respondents/
                                                                        Plaintiffs
                     (RR 1 & 2 died, Memo OSR No.4115 dated
                     16.12.2013 recorded, vide order dated
                     16.12.2013 in S.A.No.886 of 1999)
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                                                                                     S.A.No.886 of 1999




                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree of the learned
                     Additional Subordinate Judge, Tirunelveli, dated 22.01.1999 passed in
                     A.S.No.76 of 1995 preferred against the judgment and decree of the
                     Principal District Munsif Judge, Tirunelveli, dated 26.09.1995 in
                     O.S.No.507 of 1994.


                                         For Appellants    : Mr.M.P.Senthil
                                                             for J.Antony Jesus

                                         For Respondents : No appearance
                                                           for R3 to R6


                                                          JUDGMENT

The learned counsel appearing for the appellant has filed a Memo,

dated 14.12.2021. According to the learned counsel appearing for the

appellant, appellant Nos.1, 2, 4 and 5 have already passed away and the

legal heirs have not responded to implead themselves as legal heirs. The

3rd appellant had given a letter to the learned counsel appearing for the

appellant requesting him to withdraw the second appeal. Based upon the

Memo this second appeal is dismissed as withdrawn. No costs.

14.12.2021

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

S.A.No.886 of 1999

Index : Yes / No Internet : Yes / No btr

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, Tirunelveli.

2.The Principal District Munsif Judge, Tirunelveli.

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

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

S.A.No.886 of 1999

R.VIJAYAKUMAR ,J.

btr

Order made in S.A.No.886 of 1999

Dated:

14.12.2021

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