Rajangam vs Annadurai
2022 Latest Caselaw 5834 Mad

                                                                           S.A.(MD)No.518 of 2010

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 22.03.2022

                                                       CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            S.A.(MD)No.518 of 2010
                                                     and
                                             M.P.(MD)No.1 of 2010


                   Rajangam                        ... Appellant / Appellant / Defendant

                                                       -Vs-

                   Annadurai                      ... Respondent / Respondent / Plaintiff

                   PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                   Code, against the decree and judgment passed in A.S.No.84 of 2007 on the
                   file of the Principal Sub Judge, Kumbakonam, dated 19.08.2009 confirming
                   the decree and judgment passed in O.S.No.41 of 2003 on the file of the II
                   Additional District Munsif cum Judicial Magistrate Court, Kumbakonam,
                   dated 19.01.2007.


                                       For Appellant     : Mr.S.Prabhu
                                                              for Mr.V.K.Vijayaragavan
                                       For Respondent     : Mr.V.Perumal




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


                   1/4
                                                                            S.A.(MD)No.518 of 2010



                                                      JUDGMENT

The defendant in O.S.No.41 of 2003 on the file of the II Additional

District Munsif Court, Kanyakumari is the appellant in this second appeal.

During the pendency of the second appeal, the respondent / plaintiff is said

to have passed away. This information is supplied by the learned counsel

appearing for the respondent. However, he is unable to give the legal heirs

particulars. The appellant's counsel is also handicapped.

2. The learned counsel appearing for the respondent has also filed a

memo dated 21.02.2022 informing that the communication sent by him to

his client returned with an endorsement 'deceased'. The returned cover has

also been filed along with the memo.

3. Therefore the second appeal is closed with liberty to the appellant

to reopen the same as and when the legal heirs of the deceased plaintiff

apply to the executing court for enforcement of the impugned decree. No

cost. Consequently, connected miscellaneous petition is closed.

21.03.2022

Internet : Yes/No Index : Yes/No rmi

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

S.A.(MD)No.518 of 2010

To

1.The Principal Sub Judge, Kumbakonam.

2.The II Additional District Munsif cum Judicial Magistrate Court,

Kumbakonam.

Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

S.A.(MD)No.518 of 2010

G.R.SWAMINATHAN.J.,

rmi

Judgment made in S.A.(MD)No.518 of 2010

21.03.2022

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