M.Subramania Goundar vs Ramayee Ammal
2021 Latest Caselaw 22205 Mad

                                                                                     S.A.No.318 of 2002


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 11.11.2021

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                                    S.A.No.318 of 2002
                                                           and
                                                   C.M.P.No.2592 of 2002

                     M.Subramania Goundar                                      ... Appellant

                                                            -vs-

                     1. Ramayee Ammal
                     2. K.Subramania Goundar                                    ... Respondents
                       (Second respondent Ex-parte,
                        in the Court below. No batta
                        is necessary)

                     PRAYER : Second Appeal filed under Section 100 of C.P.C, against the
                     judgment and decree dated 28.2.2001 passed by the learned Principal
                     Subordinate Judge, Dindigul as confirmed in A.S.No.79 of 1999 on his file
                     on appeal from the judgment and decree dated 27.2.98 made in O.S.No.1060
                     of 1994 passed by the I Additional District Munsif, Dindigul.


                                   For Appellant       : Mr.G.Gomathi Sankar
                                                         for Mr.M.V.Krishnan
                                   For Respondents     : No appearance

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                      S.A.No.318 of 2002




                                                          JUDGMENT

The present Second Appeal has been filed by the first defendant in

O.S.No.1060 of 1994 on the file of the learned I Additional District Munsif,

Dindigul, for recovery of money. The suit was decreed. The first defendant

preferred an appeal in A.S.No.79 of 1999 before the Principal Subordinate

Court, Dindigul. The first appeal was dismissed on 28.2.2001. As against

which, the present Second Appeal has been filed.

2. Pending Second Appeal, the first respondent in the appeal, who is

the decree holder/plaintiff had passed away and no steps have been taken so

far. Since no steps have been taken pending Second Appeal, the Second

Appeal was dismissed on 15.04.2014 as against the first respondent. So far,

no steps have been taken to restore the appeal as against the first

respondent/decree holder, even for the past seven years.

https://www.mhc.tn.gov.in/judis S.A.No.318 of 2002

3. Hence, this Second Appeal is dismissed. No costs. Consequently

the connected Civil Miscellaneous Petition is closed.

                                                                                    11.11.2021

                     Index    : Yes / No
                     Internet : Yes / No

                     ebsi


                     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 Munsif, Dindigul.

2. The Principal Subordinate Court, Dindigul.

https://www.mhc.tn.gov.in/judis S.A.No.318 of 2002

R.VIJAYAKUMAR,J.

ebsi

S.A.No.318 of 2002 and C.M.P.No.2592 of 2002

11.11.2021

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