Devi Ammal Silva vs Terance Villavarayar
2022 Latest Caselaw 9520 Mad

                                                                              S.A(MD).No.174 of 2011

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 07.06.2022

                                                      CORAM:

                                  THE HONOURABLE MR. JUSTICE N.SESHASAYEE

                                              S.A(MD).No.174 of 2011
                                                      and
                                               M.P(MD).No.1 of 2011


                     Devi Ammal Silva               .... Appellant/Appellant/2nd Defendant
                                                          Vs.

                     1.Terance Villavarayar
                     2.Mery Gomez
                     3.Immaculate
                     4.Reena
                     5.Peter Regan
                     6.Anu
                     7.Arwin
                     8.Darwin
                     9.Silvin
                     10.Flawin
                     11.Enastin                                    ... Respondents/Respondents
                                                          1,4,6 to 14/1st Plaintiff-3rd Defendant-
                                              LRs of the Deceased 4th Defendant nad 2nd Plaintiff


                     Prayer :       Second Appeal filed under Section 100 of Code of Civil
                     Procedure, to set aside the decree and the judgment dated 17.08.2010
                     rendered in A.S.NO.31 of 2006 on the file of the Additional District Judge
                     cum Fast Track Court No.1, Tuticorin confirming the decree and the
                     judgment dated 23.03.2006 rendered in O.S.No.17 of 1999 on the file of the
                     Subordinate Judge, Tuticorin by allowing this second appeal.

                    1/4
https://www.mhc.tn.gov.in/judis
                                                                                    S.A(MD).No.174 of 2011

                                  For Appellant       : No appearance
                                  For R1              : Mr.M.P.Senthil
                                  For R2 to R11       : No appearance



                                                     JUDGMENT

The suit in O.S.No.17 of 1999 was laid by two plaintiffs to seek the

appointment of the first plaintiff as a Trustee to manage certain charities

created under a settlement deed dated 11.10.1941, by certain Soosai Lazar

Villavarayar. The suit is decreed successively both by the trial Court and

the First Appellate Court. The second defendant has preferred the present

appeal.

2. The learned counsel for the first respondent/plaintiff in the suit submitted

that the first plaintiff has passed away on 12.04.2019 and a memo to that

effect has been filed on 01.07.2019. He also added that the second

defendant is only a tenant of the property. The said statement is recorded.

Inasmuch as the first plaintiff/decree holder before the First Appellate Court

has passed away and inasmuch as the right sought is one for office, nothing

can survive beyond the date of death of the first plaintiff.

https://www.mhc.tn.gov.in/judis S.A(MD).No.174 of 2011

3. Having said that, the appellant has not taken any steps to implead such

successor to the office to sustain this appeal. There is no representation for

the appellant. Hence, this Second Appeal is dismissed for default. No costs.

Consequently, connected M.P(MD).No.1 of 2011 is closed.

07.06.2022

Index : Yes/No Internet: Yes/No rmk/cm

To

1.The Additional District Judge cum Fast Track Court No.1, Tuticorin.

2.The Subordinate Judge, Tuticorin.

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

https://www.mhc.tn.gov.in/judis S.A(MD).No.174 of 2011

N.SESHASAYEE, J.,

rmk/cm

S.A(MD).No.174 of 2011

07.06.2022

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