C.Paul vs S.Govinda Iyengar ... 1St
2022 Latest Caselaw 1096 Mad

                                                                            S.A(MD)No.76 of 2013


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 24.01.2022

                                                    CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                            S.A(MD)No.76 of 2013
                                                   and
                                            M.P(MD) No.1 of 2013


                     1.C.Paul
                     2.Palsy Kruba Babila    ... Appellants/Appellants/Defendants 1 & 4


                                                      Vs.

                     1.S.Govinda Iyengar     ... 1st Respondent/1st Respondents/Plaintiff
                     2.Sikkandar Basha        ... 2nd Respondent/2nd Respondents/
                                                                           2nd Defendant
                        Sharfudeen (exonerated)



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

                     Procedure against the judgment and decree, dated 17.03.2008 passed in

                     A.S.No.51 of 2005, on the file of the Principal District Court,

                     Tiruchirappalli, confirming the judgment and decree, dated 21.12.2004


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                               S.A(MD)No.76 of 2013


                     passed in O.S.No.846 of 1994 on the file of the II Additional District

                     Munsif Court, Tiruchirappalli.


                                  For Appellants           : Mr.S.K.Mani
                                  For 1st Respondent       : Mr.R.Sundar


                                                   JUDGMENT

The learned counsel for the first respondent submitted that

both the appellants died and the learned counsel for the appellants have

not taken any steps to implead their legal heirs. The learned counsel for

the appellants is not in a position to get any details regarding the legal

heirs of the deceased appellants.

2. Today, when the matter is taken up for hearing, the

learned counsel for the appellants would submit that the appellants are

no more and the legal heirs of the deceased/appellants is not interested in

prosecuting the case.

https://www.mhc.tn.gov.in/judis S.A(MD)No.76 of 2013

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

abated. No costs. Consequently connected miscellaneous petition is

closed.

                                                                        24.01.2022
                     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 Principal District Court, Tiruchirappalli

2.The II Additional District Munsif Court, Tiruchirappalli

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.76 of 2013

V.BHAVANI SUBBAROYAN, J.

rm

Judgment made in S.A(MD)No.76 of 2013

24.01.2022

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