Annapackiyam vs Manickaraj
2023 Latest Caselaw 4135 Mad

                                                                         S.A.(MD)No.197 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 12.04.2023

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             S.A.(MD)No.197 of 2022
                                                      and
                                            C.M.P.(MD)No.2307 of 2022


                     Annapackiyam                                         ... Appellant



                                                      /Vs./


                     Manickaraj                                           ... Respondent


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the judgment and decree passed in A.S.No.05 of 2014,
                     on the file of the Subordinate Judge, Sankarankovil, dated 28.08.2014
                     confirming the judgment and decree passed in O.S.No.256 of 2010 on the
                     file of the Additional District Munsif Court, Sankarankovil, dated
                     07.11.2013.




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https://www.mhc.tn.gov.in/judis
                                                                                   S.A.(MD)No.197 of 2022




                                              For Appellant      : Mr.R.Venkatesan
                                              For Respondent     : Mr.F.X.Eugene




                                                         JUDGMENT

This matter is listed under the caption ‘For Dismissal’ today. The

learned counsel appearing for the appellant reports no instructions in this

matter.

2. On the last hearing date, ie., on 09.03.2023, the learned counsel

appearing for the appellant had submitted that the sole appellant is dead

and hence, he had sought time to takes steps to bring on record the legal

heirs of the deceased sole appellant. It was made clear in the earlier

order dated 09.03.2023 that if the steps are not taken to bring on record

the legal heirs of the deceased sole appellant before the next hearing

date, this Second Appeal shall stand automatically dismissed as abated.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.197 of 2022

3. Since steps have not been taken till date to bring on record the

legal heirs of the deceased sole appellant, this Second Appeal is

dismissed as abated. There shall be no order as to costs. Consequently,

connected Miscellaneous Petition is closed.

                                                                                  12.04.2023
                     Index          : Yes / No
                     NCC            : Yes / No
                     Sm

https://www.mhc.tn.gov.in/judis S.A.(MD)No.197 of 2022

ABDUL QUDDHOSE, J.

Sm TO:

1.The Subordinate Judge, Sankarankovil.

2.The Additional District Munsif Court, Sankarankovil.

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

Judgment made in S.A.(MD)No.197 of 2022

Dated:

12.04.2023

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