S.Irulandi vs The Superintending Engineer
2021 Latest Caselaw 24854 Mad

                                                                                S.A.No.1343 of 2003



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 16.12.2021

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                                S.A.No.1343 of 2003
                                                        and
                                              C.M.P.No.11845 of 2003


                     S.Irulandi                                 ... Appellant/
                                                                    Respondent/Plaintiff

                                                          Vs.

                     1.The Superintending Engineer,
                       T.N.E.B.,
                       Virudhunagar District,
                       Electricity Distribution Circle,
                       Virudhunagar.

                     2.The Executive Engineer (Distribution),
                       t.n.e.b.,
                       Srivilliputhur.

                     3.The Junior Engineer,
                       T.N.E.B.,
                       Valayapatti,
                       Sirivilliputhur.                     ... Respondents 1 to 3/
                                                                Appellants/Defendants 1 to 3

                     4.K.Aruthakilavan


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                   S.A.No.1343 of 2003

                     5.A.Kutralam                           ... Respondents 4 & 5/
                                                                Respondents 4 & 5/Defendants 4 & 5

                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree dated 26.04.1999 in
                     A.S.No.86 of 1997 on the file of the Sub Court, Virudhunagar, reversing
                     the decree and judgment dated 29.07.1997 passed in O.S.No.112 of 1995
                     on the file of the District Munsif Court, Virughunagar.
                                         For Appellant   : No appearance
                                         For Respondents : M/s.M.Parameswari
                                                           for Mr.S.M.S.Johny Basha
                                                           for R1 to R3
                                                           No appearance
                                                           for R5

                                                         JUDGMENT

The appeal was listed on 14.12.2021. There was no representation

on the side of the appellant. On the said date, the learned counsel for the

respondents informed the Court that the sole appellant had passed away.

Today the Death Certificate of the sole appellant is also been produced

by the learned counsel for the respondents. The learned counsel for the

respondents has also filed the Death Certificate of the 4th respondent,

who died on 05.08.2007. In fact the sole appellant had passed away on

03.08.2017. So far no steps have been taken by the learned counsel for

https://www.mhc.tn.gov.in/judis S.A.No.1343 of 2003

the appellant. There is no representation on the side of the appellant.

Therefore, the Second Appeal is dismissed as abated. No costs.

Consequently, connected Civil Miscellaneous Petition is closed.

                                                                              16.12.2021


                     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 Sub Court, Virudhunagar.

2.The District Munsif Court, Virughunagar.

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

https://www.mhc.tn.gov.in/judis S.A.No.1343 of 2003

R.VIJAYAKUMAR ,J.

gbg

Order made in S.A.No.1343 of 2003

Dated:

16.12.2021

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