Unknown vs 7 Santhi
2023 Latest Caselaw 10999 Mad

                                                                             S.A. No. 414 of 2011



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 22.08.2023

                                                       CORAM

                                  THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                                  S.A. No.414 of 2011
                                                          and
                                                   M.P.No. 1 of 2015

                     C.Narayanappa (died)

                     2     Chinnamma
                           W/o.late Sikkonappa

                     3     Gopal
                           S/o.late Narayanappa

                     4     Nagamma
                           D/o.late Narayanappa

                     5     Chithammal
                           W/o.late Narayanappa

                     (A3 to A5 are brought on record as LRs of
                     deceased A1 viz., Narayanappa vide court
                     order dated 08.06.2023 made in C.M.P.
                     No. 8264 of 2022 in S.A.No.414 of 2011)            .. Appellants


                                                     Versus



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https://www.mhc.tn.gov.in/judis
                                                                               S.A. No. 414 of 2011




                     1     M.Aanjappa @ Aanji
                           S/o.Muniyappa

                     2     Savithri Amma,
                           W/o.Peerappa

                     3     Rajamma,
                           W/o.Govindappa

                     4     Srinivas
                           S/o.late M.Muniyappa

                     5     Sarojamma
                           W/o.Narayanappa

                     6     Munilakshmi
                           D/o.Krishnappa

                     7     Santhi
                           W/o.late Krishnappa                            .. Respondentss

                     Prayer:- Second Appeal has been filed under Section 100 C.P.C., against

                     the judgment and decree dated 27.09.2010 made in A.S.No.24 of 2009 on

                     the file of Court of Subordinate Judge, Hosur confirming the judgment and

                     decree dated 10.06.2009 made in O.S.No.103 of 2000 on the file of the

                     Court of District Munsif, Hosur.




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https://www.mhc.tn.gov.in/judis
                                                                                      S.A. No. 414 of 2011




                                       For Appellants          : No appearance

                                       For Respondents         : R1 to R3 – No appearance

                                                                 Mr.D.Rajagopal for R4 and R5

                                                                 Ms.T.Sreelekha for R6 and R7



                                                         JUDGEMENT

The appellants 1 and 2 herein are the original plaintiffs and the

appellants 3 to 5 are legal heirs of deceased original 1 st plaintiff

C.Narayanappa. Challenging the findings rendered by the first appellate

judge in A.S.No. 24 of 2009 arisen out of the decree passed in O.S.No.103

of 2000, on the file of Sub-Court, Hosur. The respondents herein are the

defendants in the suit.

2. Today, when the matter taken up for hearing, the learned counsel

appearing for the respondents 4 to 7 appeared. It is brought to the notice of

this court that the 2nd appellant died and the learned counsel on record

https://www.mhc.tn.gov.in/judis S.A. No. 414 of 2011

appearing for appellants Mr.M.V.Krishnan also passed away. Hence, this

court ordered notice on 02.08.2023 to the appellants through court and the

same were served on the appellants 3 to 5 on 04.08.2023.

3. Considering the fact that though notices served on the appellants 3

to 5 and their names were printed in the cause list, there is representation on

the side of appellants today, the Second Appeal is liable to be dismissed as

abated. Accordingly, this Second Appeal is dismissed as abated. No costs.

Consequently, the connected Miscellaneous Petition stands closed.

22.08.2023 rpp

To

Sub-Judge, Hosur.

https://www.mhc.tn.gov.in/judis S.A. No. 414 of 2011

T.V.THAMILSELVI, J.

rpp

S.A. No. 414 of 2011

22.08.2023

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