Lingaveni vs Krishna Konar
2023 Latest Caselaw 9650 Mad

                                                             S.A.No.925 of 2004 & S.A.(MD)No.226 of 2005



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 03.08.2023

                                                    CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                   S.A.No.925 of 2004 & S.A.(MD)No.226 of 2005
                     1.Lingaveni
                     2.Sivapandi                   ...Appellants in S.A.No.925 of 2004


                     1.Lingapushpam
                     2.Kartheesan
                     3.Prabhu
                     4.Jothi
                     5.Sundari                ...Appellants in S.A.(MD)No.226 of 2005
                                                       vs.

                     Krishna Konar                       ... Respondent in both appeals


                     Prayer in S.A.No.925 of 2004: Second Appeal filed under Section 100 of
                     the Code of Civil Procedure against the Judgment and Decree dated
                     10.02.2003 in A.S.No.58 of 2000 on the file of the Principal District
                     Judge, Tuticorin confirming the Judgment and Decree dated 04.01.2000
                     in O.S.No.10 of 1998 on the file of the Additional District Munsif,
                     Tiruchendur.



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                                                                      S.A.No.925 of 2004 & S.A.(MD)No.226 of 2005



                     Prayer in S.A.(MD)No.226 of 2005: Second Appeal filed under Section
                     100 of the Code of Civil Procedure against the Judgment and Decree
                     dated 08.04.2003 in A.S.No.33 of 2002 on the file of the Subordinate
                     Judge, Tuticorin confirming the Judgment and Decree dated 08.01.2002
                     in O.S.No.82 of 1999 on the file of the Additional District Munsif,
                     Tiruchendur.


                     In both appeals,
                     For Appellants                              :      Mr.M.P.Senthil
                                                                        for Mr.J.Antony Jesus

                     For Respondent                              :      No appearance


                                                   COMMON JUDGMENT



                                  The learned counsel appearing for the appellants in both appeals

                     submitted that the sole respondent in both appeals passed away long

                     before. Court Notice sent to the sole respondent also returned with an

                     endorsement 'deceased'.



                                  2. Though the sole respondent in both appeals died long before, till

                     date, no steps have been taken by the learned counsel for the appellants



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                                                                 S.A.No.925 of 2004 & S.A.(MD)No.226 of 2005



                     to bring on record the legal representatives of the deceased sole

                     respondent in both appeals. In view of the fact that the sole respondent

                     in both appeals died long before, these appeals cannot survive and they

                     get abated automatically. Therefore, the Second Appeals are dismissed

                     as abated. No costs.



                                                                                            03.08.2023

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

                     mbi



                     To

                     1.The Principal District Judge, Tuticorin

                     2.The Additional District Munsif, Tiruchendur.

                     3.The Subordinate Judge, Tuticorin

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




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                                   S.A.No.925 of 2004 & S.A.(MD)No.226 of 2005



                                    KRISHNAN RAMASAMY, J.

mbi

S.A.No.925 of 2004 & S.A.(MD)No.226 of 2005

03.08.2023

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