Ponnambalam vs Ramaiah
2021 Latest Caselaw 24857 Mad

                                                                            S.A(MD)No.803 of 2011


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 16.12.2021

                                                    CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                            S.A(MD)No.803 of 2011


                     Ponnambalam                   ... Appellant/Appellant/Plaintiff

                                                       Vs.

                     Ramaiah                       ... Respondent/Respondent/Defendant



                     Prayer : Second Appeal filed under Section 100 of the Code of Civil

                     Procedure against the judgment and decree, dated 04.10.2010 passed in

                     A.S.No.28 of 2009, on the file of the I Additional District Court,

                     Madurai, confirming the judgment and decree, dated 18.12.2008 passed

                     in O.S.No.441 of 2005 on the file of the I Additional Subordinate Court,

                     Madurai


                                  For Appellant           : Mr.T.Srinivasaraghavan
                                  For Respondent          : Dr.D.Gnanasekaran


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                               S.A(MD)No.803 of 2011




                                                     JUDGMENT

The learned counsel for the respondent submitted that the

sole appellant died on 24.12.2018 itself and the learned counsel for the

appellant has not taken any steps to implead his legal heirs.

2.The learned counsel for the respondent further submitted

that the appellant and the respondent are brothers and the appellant has

got no living wife with him, at the time of his death and no issues for

impleading them as legal heirs.

3. The learned counsel for the appellant is not in a position

to get any details regarding the legal heirs of the deceased sole appellant

and hence, this Court is of the view that the appeal may be dismissed as

abated, as the period of limitation to implead the legal heirs has already

been lapsed.

https://www.mhc.tn.gov.in/judis S.A(MD)No.803 of 2011

4.In view of the above, the Second Appeal is dismissed as

abated. No costs.

                                                                        16.12.2021
                     Index        : Yes/No
                     Internet     : Yes/No
                     rm

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 I Additional District Court, Madurai.

2.The I Additional Subordinate Court, Madurai.

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

https://www.mhc.tn.gov.in/judis S.A(MD)No.803 of 2011

V.BHAVANI SUBBAROYAN, J.

rm

Judgment made in S.A(MD)No.803 of 2011

16.12.2021

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