P.Sivasankaran vs G.Subramaniapillai
2021 Latest Caselaw 24737 Mad

                                                                             S.A.Nos.44 and 45 of 2004



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 15.12.2021

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                             S.A.Nos.44 and 45 of 2004


                     S.A.No.44 of 2004:

                     P.Sivasankaran                              ... Appellant/
                                                                     Appellant/Defendant
                                                          Vs.
                     G.Subramaniapillai                          ... Respondent/
                                                                     Respondent/Plaintiff

                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree dated 17.02.2004 made
                     in A.S.No.61 of 2000 on the file of the Subordinate Judge,
                     Padmanabhapuram        confirming    the   judgment    and    decree      dated
                     19.04.2000 made in O.S.No.56 of 1997 on the file of the Additional
                     District Munsif, Padmanabhapuram.


                                     For Appellant       : Mr.R.Devaraj
                                                           Advocate
                                     For Respondent      : Mr.P.Muthukumar
                                                           Advocate
                                                           for Mr.K.Sreekumaran Nair
                                                           Advocate

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                                                                                 S.A.Nos.44 and 45 of 2004

                     S.A.No.45 of 2004:

                     P.Sivasankaran                                 ... Appellant/
                                                                        Appellant/Defendant
                                                              Vs.
                     1.G.Subramaniapillai
                     2.S.Sivagami
                     3.S.Gopalakrishnan
                     4.N.Gnanambal                                  ... Respondents/
                                                                        Respondents/Plaintiffs 2 to 5

                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree dated 17.02.2004 made
                     in A.S.No.45 of 2000 on the file of the Subordinate Judge,
                     Padmanabhapuram            confirming    the   judgment    and    decree      dated
                     19.04.2000 made in O.S.No.340 of 1996 on the file of the Additional
                     District Munsif, Padmanabhapuram.


                                         For Appellant       : Mr.R.Devaraj
                                                               Advocate
                                         For Respondent      : Mr.P.Muthukumar
                                                               Advocate
                                                               for Mr.K.Sreekumaran Nair
                                                               Advocate


                                                COMMON JUDGMENT


                                  The learned counsel for the appellant filed a memo on 15.12.2021

                     in both the appeals, stating that the sole appellant had passed away on


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                                                                              S.A.Nos.44 and 45 of 2004

                     08.01.2014. So far the legal heirs have not responded for getting

                     themselves impleaded in the second appeal for prosecuting the appeal.

                     The memo is recorded. Hence, both the Second Appeals are dismissed as

                     abated.

                                                                                    15.12.2021
                                                                                        (1/2)

                     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.



                     To

                     1.The Subordinate Judge,
                       Padmanabhapuram.

                     2.The Additional District Munsif,
                       Padmanabhapuram.

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

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https://www.mhc.tn.gov.in/judis
                                        S.A.Nos.44 and 45 of 2004

                                    R.VIJAYAKUMAR ,J.

gbg

Order made in S.A.Nos.44 and 45 of 2004

Dated:

15.12.2021

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