Subramanian vs Nagarajan
2021 Latest Caselaw 24971 Mad

                                                                             S.A.No.374 of 2005



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 17.12.2021

                                                    CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                               S.A.No.374 of 2005


                     1.Subramanian
                     2.Thulasi                                  ... Appellants/
                                                                    Appellants/Plaintiffs
                                                       Vs.
                     1.Nagarajan
                     2.Lakshmiammal(Died)
                     3.Subbulakshmi
                     4.Andal
                     5.Devi
                     6.Selvi Sulochana
                     7.Perumal Ammal
                     8.Murugan                                 ... Respondents/
                                                                   Respondents/
                                                                   Defendants 3 to 10
                     9.Pitchumani
                     10.Nagarajan
                     11.Srinivasan
                     12.Chandran
                     13.Gomu Ammal                             ... Proposed Respondents

                           (R9 to R13 brought on record as legal
                           heirs of deceased R2, vide Court order
                           dated 26.04.2016 made in M.P(MD)No.1
                           of 2007 in S.A.No.374 of 2005.


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                   S.A.No.374 of 2005

                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree passed in O.S.No.62 of
                     1996 on the file of the Additional District Munsif I, dated 27.06.2001
                     confirmed by the Additional Sub Court I, Tirunelveli in A.S.No.14 of
                     2002 dated 30.01.2004.


                                           For Appellants  : Mr.S.Balasubramanian
                                           For Respondents : Mr.T.Selvan
                                                             for R10 to R13
                                                             R1 and R3 to R8 were Expartie

                                                          JUDGMENT

The learned counsel for the appellants submits that the 1st

appellant had died in the year 2013 and the legal heirs of the 1st appellant

have not responded to implead themselves to prosecute the appeal. The

2nd appellant has not evinced any interest, according to the counsel for

the appellant to prosecute the appeal. Hence, the Second Appeal is

dismissed for default.

                                                                               17.12.2021

                     Index             :       Yes / No
                     Internet          :       Yes / No
                     gbg

https://www.mhc.tn.gov.in/judis S.A.No.374 of 2005

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 District Munsif I, Tirunelveli.

2.The Additional Sub Court I, 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.374 of 2005

R.VIJAYAKUMAR ,J.

gbg

Order made in S.A.No.374 of 2005

Dated:

17.12.2021

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