A.G.L.Irudayaraj vs M/S.Bharat Heavy Electricals ...
2022 Latest Caselaw 6768 Mad

                                                                           S.A(MD).Nos.668 to 671 of 2015



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 31.03.2022

                                                        CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                             S.A(MD).Nos.668 to 671 of 2015


                     A.G.L.Irudayaraj                                   ...Appellant in all appeals

                                                           Vs.


                     M/s.Bharat Heavy Electricals Limited,
                     Heavy Pressure Boiler Plant,
                     Thiruverumbur,
                     Tiruchirappalli-620 014,
                     Rep.by its General Manager (Administration)
                                                                     ... Respondent in all appeals


                                   Second Appeals filed under Section 100 of Civil Procedure Code
                     to set aside the decree and judgment dated 27.11.2014 made in A.S.Nos.178,
                     181, 184 of 2012 and 108 of 2013 on the file of the First Additional Sub-
                     ordinate Judge, Tiruchirappalli confirming the judgment and decree dated
                     21.03.2012 made in O.S.Nos.977 of 2000, 1563 of 2004, 2050 of 1996, 405
                     of 2007 on the file of the Principal District Munsif Court, Tiruchirappalli.



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https://www.mhc.tn.gov.in/judis
                                                                            S.A(MD).Nos.668 to 671 of 2015




                                  For Appellant      : Died

                                  For Respondent      : Mr.K.Prabakaran



                                                       ******
                                                   COMMONORDER


                                   The learned counsel appearing for the respondent brought to the

                     notice of this Court that the sole appellant died during the year 2021.

                     However, no steps are taken to implead the legal heirs or to pursue the

                     appeals for the past one year. The appellant was a contractor and the suit

                     was instituted for recovery of money based on the terms and conditions of

                     the contract. Thus, this Court is of the opinion that no purpose would be

                     served in the event of keeping the appeals pending for unspecified time..

                     However, if the legal heirs are interested in pursuing the matter, they are at

                     liberty to do so by filing appropriate petition in restoring the appeals.




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https://www.mhc.tn.gov.in/judis
                                                                             S.A(MD).Nos.668 to 671 of 2015



                                   2.With this liberty, the Second Appeals stand dismissed as abated.

                     No costs.

                                                                               31.03.2022

                     ssb

                     Index:Yes
                     Internet:Yes




                     To
                     1.First Additional Sub-ordinate Judge, Tiruchirappalli

                     2.Principal District Munsif Court, Tiruchirappalli.




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https://www.mhc.tn.gov.in/judis
                                           S.A(MD).Nos.668 to 671 of 2015




                                        S.M.SUBRAMANIAM, J.

ssb

S.A(MD).Nos.668 to 671 of 2015

31.03.2022

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