Kannu Thevar vs Government Of Tamil Nadu
2022 Latest Caselaw 4161 Mad

                                                                                   S.A.No.448 of 2001


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 03.03.2022

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                   S.A.No.448 of 2001

                     Kannu Thevar                                           ... Appellant

                                                         versus

                     1. Government of Tamil Nadu,
                        through its District Collector,
                        Tirunelveli Kattabomman District,
                        Kokkirakulam,
                        Tirunelveli – 9.

                     2. Tahsildar,
                        Ambasamudram Taluk,
                        Ambasamudram.

                     3. Muthammal
                     4. Saroja
                     5. Muthumari                                           ... Respondents

                                  Second Appeal filed under Section 100 of C.P.C. against the
                     Judgment and decree dated 30.07.2000 made in A.S.No.11 of 1996 on
                     the file of the Sub-Court, Ambasamudram, confirming the Judgment
                     and Decree dated 14.12.1995 made in O.S.No.225 of 1993 on the file
                     1/4



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                                                                                     S.A.No.448 of 2001


                     of the Principal District Munsif Court, Ambasamudram.


                                       For Appellant    : Died

                                       For R1 & R2      : Mr.A.Baskaran,
                                                          Additional Government Pleader
                                       For R3 to R5     : No appearance

                                                       JUDGMENT

This second appeal has been filed by the plaintiff against the

Judgment and decree dated 30.07.2000 made in A.S.No.11 of 1996 on

the file of the Sub-Court, Ambasamudram, confirming the Judgment

and Decree dated 14.12.1995 made in O.S.No.225 of 1993 on the file

of the Principal District Munsif Court, Ambasamudram.

2. When the second appeal was taken up for hearing on

24.06.2008, the learned counsel for the appellant reported no

instruction. Therefore, notice was ordered to the appellant. But, the

notice sent to the appellant retuned with an endorsement “the addressee

died”. Therefore, this Court, on 29.07.2008, ordered further notice to

the appellant through Court. The Court notice also returned with an

https://www.mhc.tn.gov.in/judis S.A.No.448 of 2001

endorsement “the appellant died two years prior to 2008”.

3. In such circumstances, the second appeal is dismissed as

abated. No costs.

03.03.2022

ogy

To

1. The Sub-Court, Ambasamudram

2. The Principal District Munsif Court, Ambasamudram.

https://www.mhc.tn.gov.in/judis S.A.No.448 of 2001

B.PUGALENDHI, J.

ogy

S.A.No.448 of 2001

03.03.2022

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