) S.Muppidathi Thevar vs ) P.Santiago Rajan (Died)
2023 Latest Caselaw 11574 Mad

                                                                        S.A(MD)No.43 of 2008

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 30.08.2023

                                                         CORAM:

                            THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                                 S.A(MD)No.43 of 2008
                                                        and
                                                 MP(MD)No.1 of 2008

                 1) S.Muppidathi Thevar
                 2) S.Murugesan
                                                                              ... Appellants
                                                             Vs.
                 1) P.Santiago Rajan (died)
                 2) P.S.Pushpa Rajan
                 (R2 is already on record and recorded as LR of
                  deceased R1 vide Court order dated 28.08.2019
                 made in CMP(MD)No.4691/2019)

                 3) Bharathirajan
                 4) Ilango Rajan
                 5) Prince Rajan
                 6) Jawahar Rajan
                 (R3 to R6 are brought on record as Lrs of
                  deceased R1 vide order dated 28.08.2019 made
                 in CMP(MD)No.4690 of 2019)
                                                                            ... Respondents




                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                       S.A(MD)No.43 of 2008

                 PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure
                 Code, against the Judgment and Decree dated 22.12.2006 made in A.S.No.235 of
                 2006 on the file of the I Additional Sub Judge, Tirunelveli reversing the Judgment
                 and Decree dated 29.03.2006 made in O.S.No.557 of 2004 on the file of the
                 Principal District Munsif Court, Tirunelveli.


                                           For Appellants     : Mr.M.P.Senthil
                                           For Respondents : Mr.M.R.Srinivasan (for R2 to R6)




                                                        JUDGMENT

When the matter was taken up for hearing on 31.01.2023, the learned

counsel appearing for the appellants submitted that the first appellant passed

away and the same was recorded. However, no steps have been taken till date.

2. When the matter is taken up for hearing today, the learned counsel for

the appellants would submit that there no instruction from the second appellant.

Hence, the learned counsel reported no instruction.

https://www.mhc.tn.gov.in/judis S.A(MD)No.43 of 2008

3. In view of the above, this Second Appeal is dismissed as abated in

respect of the first appellant and this Second Appeal is dismissed for non-

prosecution in respect of the second appellant. No costs. Consequently,

connected miscellaneous petition is closed.

30.08.2023

skn To

1.The I Additional Sub Judge, Tirunelveli.

2.The Principal District Munsif Court, Tirunelveli.

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.43 of 2008

KRISHNAN RAMASAMY,J.

skn

S.A(MD)No.43 of 2008 and MP(MD)No.1 of 2008

30.08.2023

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