Jayarama Padayachi vs Sugadevar
2021 Latest Caselaw 25258 Mad

                                                                               S.A.No.871 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 22.12.2021

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE R. PONGIAPPAN

                                                  S.A.No.871 of 2010
                                                         and
                                                   M.P.No.1 of 2010

                  Jayarama Padayachi                                       .. Appellant

                                                         vs.

                  1.Sugadevar
                  2.Thangadurai
                  3.Ilayaraja @ Thoppuli                                   .. Respondents

                  Prayer : The Second Appeal is filed under Section 100 of C.P.C. against
                  the Judgment of the Additional Subordinate Judge at Vriddhachalam
                  passed in A.S.No.72 of 2008 dated 30.06.2009 reversing the judgment
                  and decree of the Principal District Munsif Court, Vriddhachalam passed
                  in O.S.No.388 of 2005 dated 14.08.2008.

                                  For Appellant           :     Mr.S.Babu
                                                                for M/s.V.Anand


                                  For Respondent-1        :     Mrs.R.Meenal
                                  For Respondents-2 & 3 :       Not ready in notice


                                                     JUDGMENT

Today, when this appeal came up for hearing, the learned counsel

for the appellant appeared before this Court through Video Conference

and sought adjournment for taking steps to implead the legal

representatives of the deceased sole appellant.

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

S.A.No.871 of 2010

R. PONGIAPPAN, J.

rsi

2. The learned counsel admitted that on 21.11.2010 itself, the

sole appellant had died. It shows that the appellant is not interested to

proceed with the appeal. Despite two opportunities were given, the

appellant has not taken any steps to implead the legal representatives

of the deceased sole appellant.

3. In view of the same, this Second Appeal is dismissed as

abated. No costs. Consequently, connected miscellaneous petition is

closed.

22.12.2021

Internet : Yes/No Index : Yes/No rsi

To

1.The Additional Subordinate Judge, Vriddhachalam.

2.The Principal District Munsif, Vriddhachalam.

S.A.No.871 of 2010 and M.P.No.1 of 2010

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