Mangalam vs State Of Tamil Nadu
2023 Latest Caselaw 9640 Mad

                                                                                 S.A.(MD)No.37 of 2009



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 03.08.2023

                                                          CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                             S.A.(MD)No.37 of 2009 &
                                               M.P.(MD)No.1 of 2009
                     Mangalam                                           ...Appellant
                                                           vs.
                     1.State of Tamil Nadu,
                       Rep. by, the District Collector,
                       Pudukkottai.

                     2.The Tahsildar,
                       Aranthangi,
                       Pudukkottai.                                    ... Respondents

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 23.04.2008 in A.S.No.
                     7 of 2007 on the file of the Subordinate Court, Pudukkottai reversing the
                     Judgment and Decree dated 21.12.2005 in O.S.No.201 of 2000 on the
                     file of the District Munsif Court, Aranthangi.


                     For Appellant                    :      Mr.N.Balakrishnan

                     For Respondents                  :      MrA.Baskaran,
                                                             Additional Government Pleader



                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                    S.A.(MD)No.37 of 2009



                                                         JUDGMENT

The learned Additional Government Pleader appearing for the

respondents submitted that the sole appellant in the appeal passed away

as early as on 17.11.2019 and he also produced a copy of the Death

Certificate of the appellant to that effect.

2. Though the sole appellant died long before, till date, no steps

have been taken by the learned counsel for the appellant to bring on

record the legal representatives of the deceased sole appellant. In view

of the fact that the sole appellant died long before, this appeal cannot

survive and it gets abated automatically. Therefore, the Second Appeal is

dismissed as abated. No costs. Consequently, the connected

Miscellaneous Petition is closed.

03.08.2023

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

mbi

https://www.mhc.tn.gov.in/judis S.A.(MD)No.37 of 2009

To

1.The Subordinate Judge, Pudukkottai

2.The District Munsif, Aranthangi

3.The District Collector, Pudukkottai.

4.The Tahsildar, Aranthangi, Pudukkottai.

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

https://www.mhc.tn.gov.in/judis S.A.(MD)No.37 of 2009

KRISHNAN RAMASAMY, J.

mbi

S.A.(MD)No.37 of 2009

03.08.2023

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