Tmt.Ponnammal vs Rani
2023 Latest Caselaw 5890 Mad

                                                                            C.M.S.A(MD)No.33 of 2010



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 09.06.2023

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                              C.M.S.A(MD)No.33 of 2010


                     1.Tmt.Ponnammal

                     2.Pandiammal                      ... Appellants/Appellants/Petitioners

                                                        Vs.
                     1.Rani

                     2.The Administrative Officer,
                        and Executive Engineer,
                       Housing Board,
                       Ellis Nagar,
                       Madurai.                    ... Respondents/Respondents/ Respondents

                     PRAYER: Civil Miscellaneous Second Appeal is filed under Section
                     100 of Code of Civil Procedure r/w. Section 372 of Indian Succession
                     Act, to allow the appeal and set aside the judgment and decree, dated
                     11.03.2008 made in C.M.A.No.21 of 2005 on the file of the I Additional
                     District Court, Madurai confirming the order, dated 28.02.2005 made in
                     S.O.P.No.45 of 1997 on the file of the Principal Sub Court, Madurai.


                                     For Appellants    : Mr.PT.S.Narendravasan

                                     For R2            : Mr.R.Sivakumar
                                                         Standing Counsel

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                                                                                C.M.S.A(MD)No.33 of 2010



                                                         JUDGMENT

The present appeal has been filed by the petitioner in S.O.P.No.45

of 1997 challenging the order passed by the Courts below dismissing the

said petition.

2. The 1st appellant herein contended that she is the legally wedded

wife of one Mookaiah @ Mookudumban and the 2nd appellant claimed

that she is the daughter of the said Mookaiah @ Mookudumban.

According to the appellants, the said Mookaiah @ Mookudumban who

was working in Tamil Nadu Housing Board had passed away on

29.08.1988. The 1st respondent in the appeal also claimed that she is the

wife of the said Mookaiah @ Mookudumban. The succession O.P was

filed by the appellants for claiming the terminal benefits of the deceased

Mookaiah @ Mookudumban.

3. The trial Court after hearing both the parties, had dismissed the

said succession O.P. The appeal filed by the appellants in C.M.A.No.21

of 2005 before the I Additional District Court was also dismissed. As

against the same, the present second appeal has been filed.

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C.M.S.A(MD)No.33 of 2010

4. Pending second appeal, the 1st appellant who claims to be the

wife of the deceased Mookaiah @ Mookudumban had passed away. The

1st respondent in the appeal, namely Rani who also claimed to be the wife

of the deceased Mookaiah @ Mookudumban had passed away on

31.10.2009.

5. The learned counsel appearing for the appellants had filed a

memo on 25th October 2010 to the effect that the said Rani had passed

away without leaving any issues. However, the appellants have not

initiated any action to implead the class II legal heirs of the said Rani

who had passed away 14 years back.

6. Therefore, the Civil Miscellaneous Second Appeal stands

dismissed as abated. No costs.

                                                                                    09.06.2023
                     NCC              :   Yes / No
                     Index            :   Yes / No
                     Internet         :   Yes / No

                     gbg

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

C.M.S.A(MD)No.33 of 2010

To

1.The I Additional District Court, Madurai.

2.The Principal Sub Court, Madurai.

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

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

C.M.S.A(MD)No.33 of 2010

R.VIJAYAKUMAR,J.

gbg

Judgment made in C.M.S.A(MD)No.33 of 2010

09.06.2023

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