The State Of Tamil Nadu Rep vs Thangayyan
2023 Latest Caselaw 9498 Mad

                                                                        S.A.No.1742 of 2003

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Dated : 02.08.2023

                                                      CORAM

                              THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY

                                              S.A.No.1742 of 2003

                     1.The State of Tamil Nadu rep.
                       by the District Collector,
                       Kanyakumari District.

                     2.The Tahsildar,
                       Vilavancode Taluk,
                       Kuzhithurai.

                     3.The Revenue Divisional Officer,
                       Pakode Village, Vilavancode Taluk,
                       Kanniyakumari District.
                                                                             ... Appellants

                                                       -vs-
                     1.Thangayyan
                     2.Chellan
                     3.Kesavan Nadar

                     4.Administrative Officer
                       Pacade Town Panchayat.
                                                                           ... Respondents

                     PRAYER: Second Appeal filed under Section 100 Code of Civil
                     Procedure against the Judgment and Decree dated 23.06.1994 made in
                     A.S.No.27 of 1993 on the file of the Sub Judge, Kuzhithurai reversing
                     the Judgment and Decree dated 22.04.1993 made in O.S.No.282 of 1984
                     on the file of the Additional District Munsif, Kuzhithurai.




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                                                                                  S.A.No.1742 of 2003


                                    For Appellants         ... Mr.A.Baskaran
                                                               Addl. Govt. Pleader

                                    For Respondents        ... Mr.P.Thiayarajan for R1


                                                        JUDGMENT

The first respondent/plaintiff has filed the suit in O.S.No.282 of

1984, on the file of the Additional District Munsif, Kuzhithurai for

damages and for injunction against the appellants and the respondents 2

to 4 herein. The trial Court, after trial, dismissed the suit. Challenging

the said Judgment and Decree passed by the trial Court, the first

respondent/plaintiff has filed the appeal in A.S.No.27 of 1993, on the file

of the Sub-Court, Kuzhithurai. The first appellate Court, after hearing

the appeal, allowed the appeal and decreed the suit. Challenging the

Judgment and Decree passed by the first appellate Court, the

appellants/defendants 1 to 3 have filed the present second appeal before

this Court.

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

counsel for the first respondent/plaintiff would submit that the first

respondent/plaintiff passed away as early as on 18.11.2018. He has also

filed a memo to that effect.

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S.A.No.1742 of 2003

3. In this case, the first respondent/plaintiff alone is the necessary

party. Insofar as the respondents 2 and 3, this second appeal has already

been dismissed for default on 02.03.2022. The fourth respondent is the

formal party. Hence, without impleading the legal heirs of the deceased

first respondent/plaintiff, no order can be passed. Therefore, since no

steps have been taken by the appellants in respect of the first

respondent/plaintiff, this Second Appeal is dismissed as abated. No

costs.

02.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes skn

To:

1.The Sub Judge, Kuzhithurai.

2.The Additional District Munsif, Kuzhithurai.

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

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S.A.No.1742 of 2003

KRISHNAN RAMASAMY, J.

skn

S.A.No.1742 of 2003

02.08.2023

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