Chellappavu Nadar vs Ponnamma (Died)
2022 Latest Caselaw 5838 Mad

                                                                     S.A.No.1328 of 1996

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED : 22.03.2022

                                                C O R A M

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                           S.A.No.1328 of 1996

                1.Chellappavu Nadar

                2.K.Veerabhadran

                3.K.Balagurusamy

                4.Thangappan

                5.K.Sathyavageeswaran

                6.K.Ganapathy                            ... Appellants


                                                   Vs.

                1.Ponnamma (died)

                2.Lakshmi(died)

                3.Thankappan

                4.Sulochana

                5.Sudhakaran

                6.Surendran

                7.Sudamani

                8.Mahesh

                9.Kunjalikutti Amma (died)

                10.Sudhamma
                11.Sasi

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                                                                                S.A.No.1328 of 1996

                12.Harikumar

                13.Latha

                14.Ramesh

                15.Suresh

                16.Haridasan

                17.Ramani

                18.Vimala

                19.Saroja

                20.Santhi                                              ...Respondents

                [Respondents 10 to 14 were set ex parte
                in the first appeal;                 R3 was recorded as
                legal heir of R9 vide memo SRNo.1250 of
                1997, on 02.12.1997.
                R15 was brought on record as legal heir
                of deceased 1st respondent and R16 to 20
                were brought on record as Legal heir of
                the        deceased      2nd    respondent    vide     order
                dated             12.07.2021    in   CMP(MD)Nos.4928      to
                4933 of 2016]


                PRAYER: Second Appeal is filed under Section 100 of the
                Code of Civil Procedure, 1908, as against the judgment
                and decree in A.S.No.40 of 1994 on the file of the Sub
                Court,             Kuzhithurai       dated     31.08.1995      reversing      the
                judgment and decree in O.S.No.425 of 1982 on the file of
                the          Principal         District      Munsif,     Kuzhithurai,      dated
                26.07.1994.

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                                                                                 S.A.No.1328 of 1996

                              For Appellants           : Mr.S.Kadarkarai
                              For Respondents          : Mr.P.Thiyagarajan,
                                                            for R4 to R8 and R15


                                                       JUDGMENT

When the second appeal was taken up for hearing, learned Counsel for the appellants submitted that all the appellants passed away and one of the legal heirs of the second appellant is also an Advocate.

2.Though sufficient opportunities were provided to

take steps to bring the legal heirs of the deceased

appellants, they have not come forward so far.

3.In view of the above, this appeal is dismissed as

abated. No costs.

                                                                                 22.03.2022

                index             : yes/ no
                dsk
                To

                1.The Sub Judge,
                  Kuzhithurai.

2.Principal District Munsif, Kuzhithurai.

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

https://www.mhc.tn.gov.in/judis S.A.No.1328 of 1996

B.PUGALENDHI., J

dsk

S.A.No.1328 of 1996

22.03.2022

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