S.Bommiah Naidu vs S.Angalaeswari
2022 Latest Caselaw 12093 Mad

                                                                                    S.A(MD)No.184 of 2005


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 06.07.2022

                                                           CORAM

                                  THE HONOURABLE MRS.JUSTICE S. ANANTHI

                                               S.A(MD)No.184 of 2005

                    S.Bommiah Naidu
                                                                 ... Defendant/Respondent/Appellant

                                                            Vs

                    S.Angalaeswari
                                                                   ... Plaintiff/Appellant/Respondent


                    PRAYER:         Second Appeal filed under Section 100 of Code of Civil
                    Procedure against the decree and Judgment, dated 23.12.2003 in A.S. No.
                    273 of 2002 passed by the learned I Additional District Judge, Madurai,
                    confirming the decree and Judgment in O.S.No.210 of 1998, dated
                    16.06.2000, passed by the learned I Additional Sub-Judge, Madurai.

                                    For Appellant      :     Mr.M.P.Senthil

                                    For Respondent     :     Mr. R. Suria Narayanan




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                                                                               S.A(MD)No.184 of 2005


                                                   JUDGMENT

Today, when the matter was taken up for hearing, the learned

counsel appearing for the appellant has already filed memos stating that

the sole appellant died and he handed over the entire bundle, since there is

“no instructions” from the appellant.

2.Though Court notice was sent to the appellant and the same

was returned as deceased, steps cannot be taken to implead the legal heirs

of the appellant. Accordingly, this Second Appeal stands dismissed as

abated. No costs.

06.07.2022 Index :Yes/No Internet:Yes/No PNM

To

The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A(MD)No.184 of 2005

S. ANANTHI, J.,

PNM

ORDER IN S.A(MD)No.184 of 2005

06.07.2022

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