Shanmugavel vs Jayapal Padayachi (Died)
2023 Latest Caselaw 3922 Mad

                                                             S.A.No.1339 of 2008 & M.P. No.1 of 2008



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED :     06.04.2023

                                                   CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                              S.A.No. 1339 of 2008
                                                      and
                                               M.P. No.1. of 2008


                     Shanmugavel                                      ... Appellant

                                                       Vs.
                     1. Jayapal Padayachi (died)
                     2. Sundararasu
                     3. Anjalaiammal
                     4. Ganesan
                     5. Murugan
                     6. Santhi
                     7. Soundararaj                                    ... Respondents

                       R2 recorded as LRs of the deceased R1 viz., Jayapal Padayachi and R3
                       to R7 brought on record as LRs of R1 viz., Jayapal Padayachi vide
                       court order dated 17.06.2021 made in C.M.P. No.358 & 359/2021 in
                       S.A. No.1339/2008.
                     Prayer: Second Appeal filed under Section 100 CPC against the decree

                     and judgment dated 21.08.2008 on the file of the Principal Sub Court,

                     Cuddalore, in A.S. No.52 of 2007 upholding the decree and judgment

                     dated 25.06.2007 on the file of the Additional District Munsif,

                     Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                   S.A.No.1339 of 2008 & M.P. No.1 of 2008



                     Cuddalore, in O.S. No.168 of 2005.



                                   For Appellant      : Ms. R. Meenal
                                   R2                 : given up
                                   For R3 to R7       : Mr. R. Sunil Kumar



                                                      JUDGMENT

A perusal of the records shows that the sole appellant died

long back and till date no steps have been taken by the appellant to bring

on record the legal heirs of the deceased sole appellant.

2. In view of the same, this second appeal is dismissed as

abated. No costs. Consequently connected miscellaneous petition is

dismissed.

06.04.2023

Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

https://www.mhc.tn.gov.in/judis S.A.No.1339 of 2008 & M.P. No.1 of 2008

To

1. The Principal Subordinate Judge, Cuddalore.

2. The Additional District Munsif, Cuddalore.

3. The Section Officer, VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis S.A.No.1339 of 2008 & M.P. No.1 of 2008

R. HEMALATHA, J.

bga

S.A.No. 1339 of 2008 and M.P. No.1. of 2008

06.04.2023

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