Gopal vs Muthusamy (Died)
2023 Latest Caselaw 11109 Mad

                                                                        S.A(MD)No.119 of 2009

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Dated : 23.08.2023

                                                       CORAM

                              THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY

                                               S.A(MD)No.119 of 2009
                                                       and
                                                M.P(MD)No.1 of 2009


                     Gopal
                                                                                 ... Appellant

                                                          -vs-

                     Muthusamy (died)
                     (Sole respondent deceased. Memo USR No.3021/14
                      is recorded vide order dated 12.08.2014)
                                                                                ... Respondent

                     PRAYER: Second Appeal filed under Section 100 Code of Civil
                     Procedure against the Judgment and Decree dated 19.12.2007 made in
                     A.S.No.15 of 2006 on the file of the Additional District Judge (Fast
                     Track Court No.1) Tuticorin insofar as related to the decree of
                     declaration in favour of the respondent over the schedule 1 of the suit
                     property is concerned otherwise modifying the Judgment and Decree
                     dated 18.12.2003 made in O.S.No.431 of 1998 on the file of the
                     Additional District Munsif, Tuticorin.


                                  For Appellant        ... Ms.A.Bhuvaneshwari
                                  For Respondent       ... No appearance


https://www.mhc.tn.gov.in/judis
                     1/3
                                                                            S.A(MD)No.119 of 2009


                                                       JUDGMENT

The sole respondent passed away. Hence, the petition in MP Nos.

1 to 3 of 2015 were filed to condone the delay, to set aside the abatement

and to bring on record the legal heirs of the deceased sole respondent.

This Court vide order dated 22.06.2023 passed the conditional order.

Since the said conditional order was not complied with, those

M.P(MD)Nos.1 to 3 of 2015 were dismissed.

2. In view of the dismissal of M.P(MD)Nos.1 to 3 of 2015, the

second appeal is dismissed as abated. No costs. Consequently,

connected miscellaneous petition is closed.

23.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes skn To:

1.The Additional District Judge (Fast Track Court No.1) Tuticorin.

2.The Additional District Munsif, Tuticorin.

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

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

S.A(MD)No.119 of 2009

KRISHNAN RAMASAMY, J.

skn

S.A(MD)No.119 of 2009 and M.P(MD)No.1 of 2009

23.08.2023

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