M.Palani vs Veeman
2022 Latest Caselaw 6314 Mad

                                                                         S.A.(MD)No.786 of 2010

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 28.03.2022

                                                    CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            S.A.(MD)No.768 of 2010

                   1.M.Palani

                   2.M.Ponnammal

                   3.M.Ariyammal (died)

                   4.P.Lingathevar (died)         ... Appellants / Respondents / Defendants

                   5.Pandi

                   6.Deivendran

                   7.Rasathi
                     (This Court suo motu impleaded the appellants 5 to 7 as legal heirs of the
                   deceased third appellant vide order dated 28.03.2022)

                   8.Raja

                   9.Selvi

                   10.Vasanth

                   11.Deivakani

                   12.Malarkodi
                     (This Court suo motu impleaded the appellants 8 to 12 as legal heirs of
                   the deceased fourth appellant vide order dated 28.03.2022)

                                                    -Vs-


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                                                                                S.A.(MD)No.786 of 2010

                   1.Veeman

                   2.Panchu                            ... Respondents / Appellants / Plaintiffs

                   PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against
                   the decree and judgment passed by the III Additional Subordinate Judge, Madurai
                   (Usilampatti Camp) in A.S.No.83 of 2007, dated 22.04.2010 reversing the decree and
                   judgment passed by the District Munsif cum Judicial Magistrate, Usilampatti in O.S.No.5
                   of 2004, dated 27.02.2007.
                                         For Appellants        : Mr.R.R.Kannan
                                         For R1               : Mr.J.Barathan
                                                      JUDGMENT

The second respondent Panchu is no more. The notice sent by the

appellant to the second respondent was returned with an endorsement

'deceased'.

2. The learned counsel appearing for the first respondent reports 'no

instructions'. The memo dated 28.03.2022 has been filed to this effect. The

said memo is taken on record. The appellant's counsel is expressing his

difficulties that unless he is aware of the legal heirs details, he cannot bring

them on record in the second appeal. Therefore, the second appeal is closed

with liberty to the appellants to revive and reopen the second appeal as and

when the impugned decree is put to execution. No cost.

28.03.2022

Internet : Yes/No Index : Yes/No rmi https://www.mhc.tn.gov.in/judis

S.A.(MD)No.786 of 2010

To

1.The III Additional Subordinate Judge, Madurai (Usilampatti Camp).

2.The District Munsif cum Judicial Magistrate, Usilampatti.

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.786 of 2010

G.R.SWAMINATHAN.J.,

rmi

Judgment made in S.A.(MD)No.786 of 2010

28.03.2022

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