Vadalagan vs Pothiyalagan @ Ayyavu
2022 Latest Caselaw 193 Mad

                                                                                S.A(MD)No.16 of 2013


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 04.01.2022

                                                     CORAM

                       THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                              S.A(MD)No.16 of 2013
                                                     and
                                              MP(MD) No.1 of 2013

                    Vadalagan
                    Through his power agent
                    Muthuraman                                                  ... Appellant

                                                     Vs.


                    Pothiyalagan @ Ayyavu                                      ... Respondent


                    Prayer: Second Appeal filed under Section 100 of the Code of Civil
                    Procedure against the judgment and decree made in A.S. No.37 of 2008
                    dated 23.06.2011 passed     by the learned Principal Subordinate Judge,
                    Dindigul in reversing the judgment and decree in O.S. No.57 of 2006 dated
                    31.01.2007 passed by the learned District Munsif cum Judicial Magistrate,
                    Natham by partly decreeing the suit.


                                  For Appellant            : Mr.P.Vairava Sundaram
                                  For Respondents          : Mr.Mohamed Ibram Saibu
                                                            for M/s.Ajmal Associates.




                    1/4

https://www.mhc.tn.gov.in/judis
                                                                                   S.A(MD)No.16 of 2013


                                                        JUDGMENT

This Second Appeal is filed against the judgment and decree made

in A.S. No.37 of 2008 dated 23.06.2011 passed by the learned Principal

Subordinate Judge, Dindigul in reversing the judgment and decree in O.S.

No.57 of 2006 dated 31.01.2007 passed by the learned District Munsif cum

Judicial Magistrate, Natham by partly decreeing the suit

2. On 08.11.2018, the learned counsel for the appellant submitted

that the sole appellant is no more and he would also submit that he could not

verify the immediate heirs of the appellant and seeks two weeks time for

taking steps. From the year 2018, the case is pending and the case was again

taken on 09.11.2021. On 09.11.2021, the case was adjourned to 30.11.2021

and again on 30.11.2021 the case was adjourned to 14.12.2021 for taking

steps. On 14.12.2021, the case was adjourned to 04.01.2022 for taking

steps.

3. Even today(04.01.2022) no steps have been taken by the counsel

for the appellant to implead the legal heirs as the sole appellant died.

https://www.mhc.tn.gov.in/judis S.A(MD)No.16 of 2013

4. In view of the same, the Second Appeal is dismissed as abated. No

costs. Consequently connected miscellaneous petition is closed.

                                                                                    04.01.2022
                    Index           : Yes/No
                    Internet        : Yes/No
                    aav


                    To

1.The Principal Subordinate Judge, Dindigul

2. The District Munsif cum Judicial Magistrate, Natham

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.16 of 2013

V.BHAVANI SUBBAROYAN, J.

aav

S.A(MD)No.16 of 2013 and MP(MD) No.1 of 2013

04.01.2022

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