Kasinathan vs Thanga Jayaseelan
2021 Latest Caselaw 1243 Mad

                                                                            S.A.(MD)No.50 and 51 of 2005


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 20.01.2021

                                                     CORAM:

                              THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

                                          S.A.(MD)No.50 and 51 of 2005

                 Kasinathan                                       ... Appellant in both appeals

                                                     Vs.

                 1.Thanga Jayaseelan

                 2.Nagercoil Municipality
                   Rep. by its Commissioner,
                   Nagercoil.                        ...1st & 2nd Respondents in both appeals

3.The State of Tamil Nadu, Rep. by The District Collector, Kanyakumari District. ... 3rd Respondent in S.A.(MD)No.51 of 2005

COMMON PRAYER:These Second Appeals have been filed under Section 100 of Civil Procedure Code, against the common judgment and decree passed in A.S.Nos.114 and 115 of 2003, dated 28.06.2004 on the file of the II Additional Sub-Court, Nagercoil, confirming the common judgment and decree made in O.S.Nos.225 and 587 of 1999, dated 11.09.2003 on the file of the Principal District Munsif Court, Nagercoil.

In Both Appeals:

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                                                                                S.A.(MD)No.50 and 51 of 2005




                                       For appellant : No Appearance
                                       For R1         : Mr.V.George Raja
                                       For R2         : Mr.P.Athimoolapandian
                                       For R3         : No Appearance

                                            COMMON JUDGMENT

The appellant is the plaintiff in O.S.Nos.225 of 1999 and 587 of 1999 on the

file of the learned Principal District Munsif, Nagercoil. The respondents herein

were the defendants in the suit. The suit was dismissed by the learned Principal

District Munsif, Nagercoil. As against the same, the appeals were preferred before

the learned II Additional Subordinate Judge, Nagercoil in A.S.Nos.114 of 2003

and 115 of 2003. The same were dismissed by a decree and judgment dated

28.06.2004. As against the same, the plaintiff in the suit has come up with these

second appeals.

2.The learned counsel appearing for the first respondent submitted that the

sole appellant died on 14.10.2014 and he has filed a memo on 17.10.2016 to that

effect. Though these appeals have been pending from the year 2005, no steps have

been taken to bring on record the legal representatives of the deceased/sole

http://www.judis.nic.in S.A.(MD)No.50 and 51 of 2005

appellant and there was no representation. Thus, these second appeals, as of now,

stand abated. Accordingly, these appeals are dismissed as abated. No costs.

20.01.2021 Index:Yes/No Internet:Yes/No vsd

To

1.The Principal District Munsif, Nagercoil.

2.The II Additional Subordinate Judge, Nagercoil.

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

S.KANNAMMAL, J.,

http://www.judis.nic.in S.A.(MD)No.50 and 51 of 2005

vsd

S.A.(MD)Nos.50 and 51 of 2005

20.01.2021

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