A.Andi vs Jabamalai Pichammal (Died)
2022 Latest Caselaw 7459 Mad

                                                                               S.A.(MD)No.4 of 2019



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 08.04.2022

                                                    CORAM:

                        THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                            S.A(MD)No.4 of 2019
                                                   and
                                           CMP(MD) No.198 of 2019

                     A.Andi                                                 ... Appellant
                                                     -vs-


                     Jabamalai Pichammal (died)                             ... Respondent

                     (Cause title accepted vide Court order dated 19.04.2016 made in
                     CMP(MD) No.4154 of 2016 in SA(MD) SR No.30354 of 2015)


                     Prayer :- The second Appeal filed under Section 100 of the Code of Civil
                     Procedure, to set aside the decree and judgment dated 25.07.2000 passed
                     by the Sub Court, Tuticorin made in A.S.No.300 of 1997 confirming the
                     judgment and decreetal order made in O.S.No.211 of 1992 dated
                     16.07.1997 on the file of the District Munsif Court, Srivaikundam.

                                   For Appellant      : No representation
                                   For Respondent     : Mr.D.Venkatesh


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                                                                                     S.A.(MD)No.4 of 2019



                                                        JUDGMENT

When the matter was taken up for hearing, the learned counsel for

the appellant submitted that the sole appellant had passed away on

13.05.2020. Therefore, this Court adjourned the matter on 21.02.2022 to

implead the legal heirs of the deceased sole appellant. On that date, the

learned counsel for the appellant sought for further time to take steps and

accordingly, the matter was adjourned.

2.Today, when the matter is taken up for hearing, there is no

representation on behalf of the appellant and to-date steps have not been

taken to bring on record the legal heirs of the deceased sole appellant.

3.In these circumstances, this Second Appeal is dismissed as

abated. However, liberty is granted to the legal heirs of the appellant, if

they are interest to pursue the appeal. No costs. Consequently,

connected miscellaneous petition is closed.

08.04.2019

Index : Yes/No Internet : Yes/No

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https://www.mhc.tn.gov.in/judis S.A.(MD)No.4 of 2019

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 Subordinate Judge, Tuticorin.

2.The District Munsif Court, Srivaikundam.

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https://www.mhc.tn.gov.in/judis S.A.(MD)No.4 of 2019

KRISHNAN RAMASAMY, J.

cp

S.A(MD)No.4 of 2019

Dated: 08.04.2022

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