Mahalingam vs Subramaniyan
2022 Latest Caselaw 924 Mad

                                                                                     S.A(MD)No.602 of 2021


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 20.01.2022

                                                              CORAM

                          THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                               S.A(MD)No.602 of 2021
                                                       and
                                             C.M.P(MD)No.7930 of 2021

                    Mahalingam                          ... Appellant/Appellant/Plaintiff

                                                        Vs.


                    1.Subramaniyan
                    2.Muthuvel
                    3.Vanmeekhanathan                   ... Respondents/Respondents/Defendants


                    Prayer: Second Appeal filed under Section 100 of the Code of Civil
                    Procedure against the judgment and decree dated 03.04.2019, passed
                    in A.S.No.3 of 2014 on the file of the Sub Court, Pattukkottai,
                    confirming the the judgment and decree dated 06.07.2011 passed in
                    O.S.No.64 of 2011 on the file of the District Munsif Court, Pattukkottai.


                                     For Appellant             : Mr.A.C.Asaithambi
                                     For Respondents           : Mr.S.Deenadhayalan




                    1/4

https://www.mhc.tn.gov.in/judis
                                                                                S.A(MD)No.602 of 2021




                                                      JUDGMENT

When the matter came up of hearing on 08.12.2021, the

learned counsel appearing for the appellant submitted that the sole

appellant died and sought time for taking steps to implead the legal

heirs of the deceased sole appellant.

2.When the matter is taken up for hearing today, the learned

counsel appearing for the appellant submitted that inspite of taking

earnest efforts to bring on record the legal representatives of the

deceased sole appellant, the legal heirs of the deceased sole appellant

are not interested in pursuing the matter further and hence, the

learned counsel for the appellant reported 'no instructions'.

3.It appears that the legal heirs of the deceased sole appellant is

not interested in prosecuting the matter further. Therefore, this Court

is of the view that no useful purpose would be served in keeping the

matter pending.

https://www.mhc.tn.gov.in/judis S.A(MD)No.602 of 2021

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

abated. No costs. Consequently, connected Miscellaneous Petition is

dismissed.

                                                                                 20.01.2022
                    Index          : Yes/No
                    Internet       : Yes/No
                    ps

                    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.

https://www.mhc.tn.gov.in/judis S.A(MD)No.602 of 2021

V.BHAVANI SUBBAROYAN, J.

ps

To

1.The Sub Court, Pattukkottai.

2.The District Munsif Court, Pattukkottai.

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

Judgment made in S.A(MD)No.602 of 2021

20.01.2022

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