Meriam (Died) vs Wilson
2022 Latest Caselaw 1398 Mad

                                                                          S.A(MD)No.413 of 2010


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 28.01.2022

                                                    CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                            S.A(MD)No.413 of 2010

                     1.Meriam (died)
                     2.D.Ruphus
                     3.D.Raichel
                     4D.Jasper
                     5.D.Jernas                                      ... Appellants
                     (Appellants 2 to 5 are brought on record as legal
                     heirs of the deceased sold appellant vide order
                     dated 07.02.2010 made in M.P.No.2 of 2010)

                                                      Vs.

                     1.Wilson
                     2.Stary Golda                                   ... Respondents



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

                     Procedure against the judgment and decree, dated 05.02.2010 passed in

                     A.S.No.41 of 2009, on the file of the Subordinate Court, Kuzhithurai,


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                             S.A(MD)No.413 of 2010


                     confirming the judgment and decree, dated 25.09.2008 passed in O.S.No.

                     400 of 2005 on the file of the Principal District Munsif Court,

                     Padmanabhapuram.



                                  For Appellants           : Mrs.J.Anandhavalli
                                  For Respondents          : Mr.C.K.M.Appaji


                                                    JUDGMENT

The learned counsel for the appellants submitted that the

second appellant died and sent a letter to get instructions, but no

response from his legal heirs and the appellants 3 to 5 reported "no

instructions".

2.The learned counsel for the appellants would further

submit that he is not in a position to get any details regarding the legal

heirs of the deceased second appellant and the legal heirs of the

deceased/ second appellant is not interested in prosecuting the case,

further.

https://www.mhc.tn.gov.in/judis S.A(MD)No.413 of 2010

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

abated. No costs.

                                                                        28.01.2022
                     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 Subordinate Court, Kuzhithurai.

2.The Principal District Munsif Court, Padmanabhapuram.

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.413 of 2010

V.BHAVANI SUBBAROYAN, J.

rm

Judgment made in S.A(MD)No.413 of 2010

28.01.2022

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