) Sellammal .. 1St vs Sekar
2022 Latest Caselaw 673 Mad

                                                                         S.A.Nos.1180 & 1181 of 2009

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATE: 11.01.2022

                                                    CORAM:

                                  THE HONOURABLE Mrs. JUSTICE J.NISHA BANU

                                        Second Appeal Nos.1180 & 1181 of 2009
                                                and M.P.No.1 of 2009
                                             (Through Video Conference)


                     1) Sellammal                                 .. 1st Plaintiff/Respondent /
                                                                     1st Appellant in
                                                                     S.A.No.1180 of 2009
                                                                               &
                                                                      Defendant / Respondent/
                                                                      Sole Appellant in S.A.
                                                                      No.1181 of 2009

                     2) Shanmugam                                    ..2nd Plaintiff/Respondent/
                                                                       2nd Appellant in
                                                                       S.A.No.1180 of 2009

                                                         Vs.

                     Sekar                                           .. Defendant/
                                                                        Appellant/ Respondent
                                                                        in S.A.No.1180 of 2009

                                                                                &
                                                                       Plaintiff/ Appellant/
                                                                       Respondent in
                                                                       S.A.No.1181 of 2009


                     ____________
                     Page No.1 of 4
https://www.mhc.tn.gov.in/judis
                                                                            S.A.Nos.1180 & 1181 of 2009

                     COMMON PRAYER: Second Appeals are filed against the judgment

                     and decree dated 29.01.2008 in A.S.Nos.46 & 47 of 2007, on the file of

                     the Court of Subordinate Judge at Thiruvarur reversing the Judgment

                     and Decree dated 28.09.2007 in O.S.Nos.144 & 147 of 2004 on the file

                     of the Court of District Munsif cum Judicial Magistrate at Nannilam

                     respectively.

                     In both the Second Appeals:

                                       For Appellants      ...   M/s.R.T.Shyamala
                                       For Respondent      ...   No appearance

                                                           ******

COMMON JUDGMENT

Since the issue involved in both the Second Appeals are one and

the same, they are disposed of by this common judgment.

2. During the previous hearing, i.e. on 22.12.2021, the learned

counsel for the appellants submitted that the first appellant died and the

legal heir, who is to be brought on record, was affected by COVID-19

and is in continuous ailment and is under hospitalization. Therefore, the

____________

https://www.mhc.tn.gov.in/judis S.A.Nos.1180 & 1181 of 2009

learned counsel sought for a short accommodation and this Court,

directed the Registry to list the the matter on 11.01.2022.

3. Today, (11.01.2022), when these Second Appeals are taken up

for hearing, the learned counsel appearing on behalf of the appellants

would submit that, the first appellant Sellammal is no more and he further

submitted that he is unable to contact the parties for getting instructions

pertaining to taking steps to implead the legal heirs of the deceased first

appellant Sellammal .

4. Recording the submissions made by the learned counsel

appearing on behalf of the appellants, the Second Appeals are Dismissed

as Abated as against the first appellant/sole appellant in S.A.Nos.1180 &

1181 of 2009 and dismissed for non-prosecution as against the second

appellant in S.A.No.1181 of 2009. No costs. Consequently connected

Miscellaneous Petition is closed.

11.01.2022 Speaking Order / Non-Speaking Order Index : Yes / No sts

____________

https://www.mhc.tn.gov.in/judis S.A.Nos.1180 & 1181 of 2009

J.NISHA BANU, J.,

sts

To:

1. The Subordinate Judge, Thiruvarur.

2. The District Munsif cum Judicial Magistrate, Nannilam.

3. The V.R. Section, High Court, Madras.

Common Judgment made in S.A.Nos.1180 & 1181 of 2009

Dated:

11.01.2022

____________

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