Arunachalam Chettiyar vs Nagore Pazhanimuthu Trust
2021 Latest Caselaw 4731 Mad

                                                                       S.A..No.1640 of 2008



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED :     23.02.2021

                                                    CORAM

                                   THE HONOURABLE MR. JUSTICE T. RAVINDRAN

                                               S.A.No. 1640 of 2008
                                                        and
                                                 M.P.No.1 of 2008

                     Arunachalam Chettiyar
                     S/o. Shanmugavelu Chettiar                          ... Appellant

                                                        Vs.

                     1. Nagore Pazhanimuthu Trust
                        Nagapattinam
                        Rep. by its Trustee
                        Chandrasekaran
                        29, Sivan KeelaVeethi
                        Nagore, Nagapattinam
                     2. Baskaran @ Boss
                        S/o. Shanmugavadivelu
                     3. Nagarajan
                        S/o. Shanmugavadivelu
                     4. The Tahsildar
                        Having office at
                        Vellipalayam
                        Nagapattinam
                     5. Government of Tamilnadu
                        Rep. by
                        District Collector
                        Having Office at

                     Page 1 of 4

https://www.mhc.tn.gov.in/judis/
                                                                                 S.A..No.1640 of 2008



                         South Palpannaicherry
                         Nagapattinam                                              ... Respondents


                     Prayer: Second Appeal filed under Section 100 of the Civil Procedure
                     Code against the judgment and decree of Sub Court, Nagapattinam, dated
                     06.07.2006 made in A.S. No.25/2006 confirming judgment and decree of
                     District Munsif Court, Nagapattinam dated 07.03.2006 made in
                     O.S.No.263/2003.
                                            For Appellant      : Mr. S. Sounthar
                                            For Respondents
                                            For R1 to R3       : Mr. S. Sathyamurthi
                                            For R4 and R5      : Mr. N. Manikandan
                                                                 Government Advocate (CS)



                                                      JUDGMENT

Both counsel present.

2. It is represented by the appellant's counsel that the sole

appellant had died and his legal heirs had not come forward to prosecute

the appeal further and accordingly submits that the appeal may be

dismissed as abated and undertakes to file a memo to that effect.

https://www.mhc.tn.gov.in/judis/ S.A..No.1640 of 2008

3. In the light of the abovesaid factors, inasmuch as no steps

have been taken for the deceased appellant by the legal heirs for the

prosecution of the second appeal further, resultantly, the second appeal is

dismissed as abated. No costs. Consequently, connected miscellaneous

petition is closed. The counsel for the appellant is directed to file a memo

in the Registry pointing to the above immediately.

23.02.2021

Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

To

1. The Sub Court, Nagapattinam.

2. The District Munsif Court, Nagapattinam

3. The Section Officer, VR Section, High Court, Madras

4. The Tahsildar Having office at Vellipalayam, Nagapattinam

5. Government of Tamilnadu Rep. by District Collector Having Office at South Palpannaicherry Nagapattinam

https://www.mhc.tn.gov.in/judis/ S.A..No.1640 of 2008

T. RAVINDRAN, J.

bga

S.A.No. 1640 of 2008

23.02.2008

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