Selvanayagom [Died vs Nesayan
2022 Latest Caselaw 16764 Mad

                                                                                 S.A. No.1337 of 1996



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 20.10.2022

                                     CORAM : JUSTICE N.SESHASAYEE

                                             S.A.No.1337 of 1996
                                          M.P(MD).Nos.2 to 7 of 2007
                                   and C.M.P(MD).Nos.21854 to 21859 of 2001


                     1.Selvanayagom [Died]
                     2.Sathianesan                ....Appellants/Appellants/Defendants 1 and 2
                     3.Gomathi
                     4.Jayasingh
                     5.Bright
                     6.Rani Premal
                     7.Edwin                      ...LR's of the deceased 1st appellant

                     [Appellant Nos.3 to 7 are brought on record as LR's of the deceased
                     1st appellant vide order dated 06.03.2002 made in C.M.P(MD).No.
                     21851 to 21853 of 2001]
                                                        Vs

                     1.Nesayan
                     2.Rajarenjinamuthu
                     3.Palayyan
                     4.Thomas
                     5.Narayanan
                     6.Ramanujan                   ... Respondents/Respondents/Plaintiff and
                                                       Defendants 3 to 7




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                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                  S.A. No.1337 of 1996



                     Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set

                     aside the judgment and decree dated 09.04.1996 made in A.S.No.19 of 1995

                     on the file of the District Court, Nagercoil, Kanyakumar District confirming

                     the judgment and decree in O.S.No.109 of 1992 dated 06.03.1995 on the file

                     of the Sub-Court, Kuzhithurai.


                                   For Appellants    :       M/s.Sree Kumaran Nair

                                   For Respondents   :       Mr.P.Thiagarajan
                                                             for R1




                                                     JUDGMENT

The first respondent/plaintiff is stated to have died on 24.06.2018. No steps

have been taken to bring on record the legal heirs of the first respondent.

Hence, this Second Appeal is dismissed as abated as against the first

respondent/plaintiff.

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https://www.mhc.tn.gov.in/judis S.A. No.1337 of 1996

2. This is a suit for declaration of title and recovery of possession by the

plaintiff. Since the appeal has abated vis-a-vis the plaintiff/first respondent,

there is no meaning in retaining the appeal. Hence, this Second Appeal is

dismissed as abated. No costs. Consequently, connected miscellaneous

petitions are closed.

20.10.2022 Internet:Yes Index:Yes/No

ssb

_________

https://www.mhc.tn.gov.in/judis S.A. No.1337 of 1996

N.SESHASAYEE, J.

ssb

To

1.The District Court, Nagercoil, Kanyakumar District

2.The Sub-Court, Kuzhithurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court.

S.A. No.1337 of 1996

20.10.2022

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