Annamalai vs Muthaiah
2023 Latest Caselaw 11178 Mad

                                                                                  S.A.(MD)No.1085 of 2006



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 24.08.2023

                                                           CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                               S.A.(MD)No.1085 of 2006 &
                                                  M.P.(MD)No.1 of 2006
                     Annamalai                                              ...Appellant
                                                             vs.
                     Muthaiah                                              ... Respondent


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 30.06.2006 in A.S.No.
                     80 of 2005 on the file of the Sub Court, Pattukkottai reversing the
                     Judgment and Decree dated 24.11.2004 in O.S.No.92 of 2001 on the file
                     of the District Munsif Court, Pattukkottai.

                     For Appellant                :       Mr.V.K.Vijayaragavan

                     For Respondent               :       Mr.P.Thirumahilmaran


                                                         JUDGMENT

When the matter was taken up for hearing on 06.01.2022, the

learned counsel appearing for the appellant submitted that the sole

appellant has passed away and sought time to take steps in that regard.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.1085 of 2006

2. On next occasion, i.e., on 25.01.2022, the learned counsel

appearing for the appellant submitted that the sole respondent has also

passed away and sought time to take steps in that regard too. However,

today he submitted that only the sole appellant has passed away and the

sole respondent is still alive. The said statement is hereby recorded.

3. Till date, no steps have been taken to bring on record the legal

representatives of the deceased sole appellant. In view of the same, the

Second Appeal is dismissed as abated. No costs. Consequently, the

connected Miscellaneous Petition is closed.

24.08.2023

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

mbi

https://www.mhc.tn.gov.in/judis S.A.(MD)No.1085 of 2006

To

1.The Sub Judge, Pattukkottai

2.The District Munsif, Pattukkottai

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

https://www.mhc.tn.gov.in/judis S.A.(MD)No.1085 of 2006

KRISHNAN RAMASAMY, J.

mbi

S.A.(MD)No.1085 of 2006

24.08.2023

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