Sinnadurai Nadar (Died) vs Durairaj Marthanda Nadar
2022 Latest Caselaw 466 Mad

                                                                                  S.A.No.1902 of 2002

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 07.01.2022

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                                S.A.No.1902 of 2002
                                                        and
                                              C.M.P.No.16214 of 2002

                     1.Sinnadurai Nadar (Died)

                     2.Kasiswami Nadar                                    ... Appellants/
                                                                              Appellants/
                                                                              Defendants

                                                       Vs.
                     Durairaj Marthanda Nadar                             ... Respondent/
                                                                              Respondent/
                                                                              Plaintiff

                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the judgment and decree of the learned Principal
                     Subordinate Judge, Tirunelveli in A.S.No.100 of 1996, dated 25.06.1998
                     confirming the judgment and decree of the learned District Munsif of
                     Valliyoor in O.S.No.111 of 1988, dated 19.08.1996.


                                     For Appellants   : Mr.A.K.Kumaraswamy

                                     For Respondent   : Mrs.P.Jessi Jeeva Priya




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https://www.mhc.tn.gov.in/judis
                                                                                S.A.No.1902 of 2002




                                                        JUDGMENT

The learned counsel for the respondent submits that the sole

respondent had passed away on 05.01.2005. The particulars of the legal

heirs of the deceased sole respondent have been furnished to the learned

counsel for the appellants on 18.11.2021 by way of letter. A memo has

also been filed to that effect on 16.12.2021. The learned counsel for the

appellants had taken time from 18.11.2021 onwards on six occasions till

05.01.2022 to take steps to implead the legal heirs of the deceased sole

respondent. The learned counsel for the appellants submitted that the first

appellant had also passed away and he has not received any instruction

from the second appellant to implead the legal heirs of the deceased first

appellant. Since steps have not been taken to implead the legal heirs of

the deceased sole respondent, the second appeal stands dismissed as

abated. No costs. Consequently, connected miscellaneous petition is

closed.

                                                                                07.01.2022

                     Index             :     Yes / No
                     Internet          :     Yes / No
                     btr

https://www.mhc.tn.gov.in/judis S.A.No.1902 of 2002

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 Subordinate Judge, Tirunelveli.

2.The District Munsif Court, Valliyoor.

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

https://www.mhc.tn.gov.in/judis S.A.No.1902 of 2002

R.VIJAYAKUMAR ,J.

btr

Order made in S.A.No.1902 of 2002 and C.M.P.No.16214 of 2002

Dated:

07.01.2022

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