Sakunthala vs S.V.Alagarsami Naidu(Died)
2021 Latest Caselaw 24749 Mad

                                                                         S.A.Nos.1837 and 1838 of 1997



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 15.12.2021

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                         S.A.Nos.1837 and 1838 of 1997


                     S.A.No.1837 of 1997:

                     Sakunthala                                   ... Appellant/
                                                                  Respondent/Plaintiff
                                                        Vs.

                     1.S.V.Alagarsami Naidu(Died)
                     2.A.Kumaresan                                ... Respondents/
                                                                  Appellants/Defendants 1&3
                     3.A.Subbulakshmi
                     4.A.Venkadeshan
                       (R3 and R4 are brought on record as legal
                       heirs of deceased R1, vide Court order dated
                       17.04.2017, made in M.P(MD)No.1 of 2013
                       in S.A.No.1837 of 1997.)

                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree dated 15.10.1997
                     passed in A.S.No.188 of 1996 on the file of the Principal Subordinate
                     Judge, Srivilliputhur, reversing the judgment and decree dated
                     21.03.1996 passed in O.S.No.420 of 1994 on the file of the learned
                     Additional District Munsif court, Srivilliputhur.

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                      S.A.Nos.1837 and 1838 of 1997

                                  For Appellant   : Mr.M.Jothi Basu
                                  For Respondents : Mr.S.Seetharaman

                     S.A.No.1838 of 1997:

                     Sakunthala                                  ... Appellant/
                                                                5th Respondent/5th Defendant
                                                       Vs.

                     1.S.V.Alagarsami Naidu(Died)
                     2.A.Kumaresan                              ... Respondents/
                                                                Appellants/Plaintiffs
                     3.The Assistant Engineer,
                       T.N.E.B,
                       Srivilliputhur.

                     4.The Assitant Executive Engineer,
                       T.N.E.B,
                       Srivilliputhur.

                     5.The Executive Engineer,
                       T.N.E.B,
                       Srivilliputhur.

                     6.The Superintending Engineer,
                       T.N.E.B,
                       Kamarajar District.

                     7.A.Subbulakshmi

                     8.A.Venkateshan
                       (R7 and R8 are brought on record as legal
                       heirs of deceased R1, vide Court order dated
                       15.04.2018, made in M.P(MD)No.1 of 2013
                       in S.A.No.1838 of 1997.)




                     2/5


https://www.mhc.tn.gov.in/judis
                                                                           S.A.Nos.1837 and 1838 of 1997

                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree dated 15.10.1997
                     passed in A.S.No.189 of 1996 on the file of the Principal Subordinate
                     Judge, Srivilliputhur, reversing the judgment and decree dated
                     21.03.1996 passed in O.S.No.674 of 1994 on the file of the learned
                     Additional District Munsif court, Srivilliputhur.


                                           For Appellant   : Mr.M.Jothi Basu
                                           For Respondents : Mr.S.Seetharaman


                                                  COMMON JUDGMENT


                                  The learned counsel for the appellant submits that Sakunthala is

                     the sole appellant in both the appeals. According to the learned counsel

                     for the appellant, the appellant had passed away long back and the legal

                     heirs have not responded to get themselves impleaded in order to

                     prosecute the appeal. Hence, both the Second Appeals are dismissed as

                     abated.

                                                                                15.12.2021


                     Index             :       Yes / No
                     Internet          :       Yes / No
                     gbg



                     3/5


https://www.mhc.tn.gov.in/judis
                                                                       S.A.Nos.1837 and 1838 of 1997

                     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 Principal Subordinate Judge,
                       Srivilliputhur.

                     2.The Additional District Munsif court,
                       Srivilliputhur.

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




                     4/5


https://www.mhc.tn.gov.in/judis
                                          S.A.Nos.1837 and 1838 of 1997

                                        R.VIJAYAKUMAR ,J.

gbg

Order made in S.A.Nos.1837 and 1838 of 1997

Dated:

15.12.2021

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