Pandi vs Ponnusamy
2022 Latest Caselaw 1616 Mad

                                                                           S.A(MD)No.739 of 2009


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.02.2022

                                                    CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                            S.A(MD)No.739 of 2009
                                                       and
                                             M.P(MD) No.1 of 2009


                     Pandi                         ... Appellant/Appellant/Defendant


                                                       Vs.

                     Ponnusamy                     ... Respondent/Respondent/Plaintiff


                     Prayer : Second Appeal filed under Section 100 of the Code of Civil

                     Procedure against the judgment and decree, dated 05.02.2009 passed in

                     A.S.No.13 of 2008, on the file of the Subordinate Court, Srivilliputhur,

                     confirming the judgment and decree, dated 22.10.2007 passed in O.S.

                     No.498 of 2007 on the file of the Principal District Munsif Court,

                     Srivilliputhur.


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                               S.A(MD)No.739 of 2009




                                  For Appellant       : No Appearance
                                  For Respondent      : Mr.N.Sundareshan


                                                    JUDGMENT

When the matter was taken up for hearing on 03.12.2021,

the learned counsel for the appellant submitted that the sole appellant

died and he is not in a position to get any details regarding the legal heirs

of the deceased appellant, since the matter is of the year 2009 and the

matter was adjourned on various dates. Again on 28.01.2022, when the

matter was called the learned counsel for the appellant reported "no

instructions" and hence, the Registry is directed to print the name of the

appellant in the cause-list.

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

representation on behalf of the appellant either in person or through

counsel and that the sole appellant is no more and the legal heirs of the

deceased/appellant is not interested in prosecuting the case further.

https://www.mhc.tn.gov.in/judis S.A(MD)No.739 of 2009

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

abated. No costs. Consequently, connected miscellaneous petition is

closed.

                                                                        01.02.2022
                     Index        : Yes/No
                     Internet     : Yes/No
                     rm

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 Court, Srivilliputhur.

2.The Principal District Munsif Court, Srivilliputhur.

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

https://www.mhc.tn.gov.in/judis S.A(MD)No.739 of 2009

V.BHAVANI SUBBAROYAN, J.

rm

Judgment made in S.A(MD)No.739 of 2009

01.02.2022

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