Durairajan vs N.Karupayee
2022 Latest Caselaw 6101 Mad

                                                                                 S.A.No.575 of 2000

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 24.03.2022

                                                    C O R A M

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                               S.A.No.575 of 2000

                Durairajan                                            ... Appellant

                                                          Vs.

                1.N.Karupayee

                2.Nagooran

                3.N.Nirmala

                4.K.Alibaadusha

                5.M.Kaasiammal

                6.Saradhambal                                         ...Respondents

                PRAYER: Second Appeal is filed under Section 100 of the
                Code of Civil Procedure, 1908, against the decree and
                judgment          of   the    Additional        District   Judge    cum     Chief
                Judicial Magistrate Court, Pudukottai passed in A.S.No.6
                of       1997     dated      21.08.1998    confirming      the     decree     and
                judgment of the District Munsif Court, Pudukottai passed
                in O.S.No.256 of 1990, dated 13.12.1991.


                              For Appellant       : Mr.M.R.S.Prabhu
                              For Respondents      : Mr.P.Thiagarajan,
                                                          R1 to R3




               1/4
https://www.mhc.tn.gov.in/judis
                                                                                  S.A.No.575 of 2000

                                                      JUDGMENT

When the second appeal was taken up for hearing,

the learned Counsel for the appellant submitted that the

tapal sent to the appellant in the month of April 2011

was returned as 'party expired returned to sender' and

further after this second appeal was listed, another

tapal was sent to the appellant on 11.03.2022, which was

also returned as 'deceased'. The learned Counsel,

therefore, reports no instruction and he has also filed a

memo dated 24.03.2022 to that extent.

2.The learned Counsel for the respondents filed a

memo dated 23.03.2022 stating that respondents 1 and 2

passed away on 04.12.2006 and 21.01.2013 respectively and

their legal heir is already on record as respondent 3.

3.Recording the memo dated 24.03.2022 filed by the

learned Counsel for the appellant, this appeal is

dismissed as abated. No costs.

                                                                               24.03.2022

                index             : yes/ no
                dsk

https://www.mhc.tn.gov.in/judis S.A.No.575 of 2000

To

1.The Additional District Judge cum Chief Judicial Magistrate, Pudukottai.

2.The District Munsif, Pudukottai.

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

https://www.mhc.tn.gov.in/judis S.A.No.575 of 2000

B.PUGALENDHI., J

dsk

S.A.No.575 of 2000

24.03.2022

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