Joseph vs Thankayyan
2023 Latest Caselaw 7998 Mad

                                                                                   S.A.No.1690 of 2002



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 10.07.2023

                                                         CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                  S.A.No.1690 of 2002 &
                                             M.P(MD)Nos.1 of 2012 & 1 of 2013

                     Joseph                                              ...Appellant
                                                           vs.

                     1.Thankayyan

                     2.Thankappan

                     3.Chellan                                           ... Respondents


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 25.07.2002 in A.S.No.
                     68 of 1996 on the file of the II Additional Sub Court, Kuzhithurai
                     reversing the Judgment and Decree dated 11.08.1995 in O.S.No.440 of
                     1984 on the file of the Additional District Munsif Court, Kuzhithurai.

                                  For Appellant              :     Mrs.J.Anandhavalli

                                  For Respondents            :     No appearance

                                  For R12 & R17
                                  in M.P(MD) No.1/2023       :     Mr.A.Arumugam


                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                     S.A.No.1690 of 2002



                                                         JUDGMENT

The learned counsel appearing for the proposed respondents 12

and 17 in M.P(MD)No.1 of 2013 would submit that the appellant has

died nine years ago itself.

2. Though the appellant has died nine years ago, so far, no steps

have been taken to bring on record the legal representatives of the sole

appellant to prosecute the appeal. Therefore, the Second Appeal is

dismissed as abated. No costs. Consequently, the connected

Miscellaneous Petitions are closed.

10.07.2023

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

mbi

https://www.mhc.tn.gov.in/judis S.A.No.1690 of 2002

To

1.The II Additional Sub Judge, Kuzhithurai.

2.The Additional District Munsif, Kuzhithurai.

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

https://www.mhc.tn.gov.in/judis S.A.No.1690 of 2002

P.VELMURUGAN, J.

mbi

S.A.No.1690 of 2002

10.07.2023

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