Sukumaran Thambi vs Somasekaran Thambi
2023 Latest Caselaw 10986 Mad

                                                                                S.A.No.2116 of 2002



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 22.08.2023

                                                    CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                            S.A.No.2116 of 2002 &
                                   M.P.(MD)Nos.1 to 7 of 2008 and 1 of 2010 &
                                        C.M.P.Nos.11114 & 11115 of 2004
                     1.Sukumaran Thambi
                     2.Sekaran Thambi
                     3.Viswam Thambi
                     4.Sasikumari Thangachi
                     5.Suseela Thangachi
                     6.Santhakumari Thangachi
                     7.Siyamala Thangachi
                     8.Baby Thangachi
                     9.Srikumari Thangachi
                     10.Balakrishna Pillai                          ...Appellants
                                                      vs.
                     1.Somasekaran Thambi
                     2.Valliamma Pillai Thangachi
                     3.Moganan Thambi
                     4.Sarojini Thangachi
                     5.Krishnamma Thangachi
                     6.Vasudevan Thambi                            ... Respondents


                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                       S.A.No.2116 of 2002



                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 10.04.2002 in A.S.No.
                     62 of 1982 on the file of the Sub Court, Padmanabapuram confirming the
                     Judgment and Decree dated 22.03.1982 in O.S.No.352 of 1981 on the
                     file of the Additional District Munsif, Padmanabhapuram.

                     For Appellants                 :      Mr.P.Thiagarajan

                     For Respondents                :      Mr.K.N.Thambi
                                                           for R1


                                                         JUDGMENT

The learned counsel appearing for the appellants would submit that

there are 10 appellants in the appeal and out of them, 8 appellants have

passed away. He would submit that he has sent a letter and also

communicated over phone, however he is unable to get details with

regard to the legal representatives of the deceased appellants. The

learned counsel has also filed a Memo dated 22.08.2023 reporting 'no

instructions'.

2. Considering the facts and circumstances of this case, this Court

is of the opinion that since both the Courts below have dismissed the

https://www.mhc.tn.gov.in/judis S.A.No.2116 of 2002

suit, the appellants might not be interested to prosecute the appeal,

probably, that is the reason why, they have not come forward to provide

appropriate instructions to the counsel.

3. In view of the above, the Second Appeal is dismissed for non-

prosecution. No costs. Consequently, the connected Miscellaneous

Petitions are closed.

22.08.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To

1.The Sub Court, Padmanabapuram

2.The Additional District Munsif, Padmanabhapuram

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

https://www.mhc.tn.gov.in/judis S.A.No.2116 of 2002

KRISHNAN RAMASAMY, J.

mbi

S.A.No.2116 of 2002

22.08.2023

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