A.M.Thirumalai Ammal vs Chandrasekaran
2023 Latest Caselaw 5993 Mad

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 12.06.2023

                                                         CORAM:

                                    THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                  S.A.No.1257 of 2001
                                                           and
                                  C.M.P(MD)Nos.8230, 8231, 8232, 8233, 8234 & 8235 of 2018


                 1.A.M.Thirumalai Ammal
                 2.A.M.Palaniyandi Chettiyar
                 3.A.M.Perumal Chettiyar
                 4.A.M.Muthu Chettiyar
                 5.A.M.Rengan Chettiyar
                 6.A.M.Arumugam Chettiyar
                 7.A.M.Venkatachalam Chettiyar
                 8.A.M.Mohan Chettiyar
                 9.A.M.D.Vasantha
                 10.A.M.Baby                                          ...Appellants

                                                            -Vs-
                 1.Chandrasekaran
                 2.Land Inspector,
                   Manapparai Municipality,
                   Manapparai.                                        ...Respondents


                 PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure,
                 against the judgment and decree, dated 16.02.2001 made in A.S.No.181 of 1991,
                 on the file of the Principal Sub Court, Trichy reversing the judgment and decree

                 1/4

https://www.mhc.tn.gov.in/judis
                 dated 22.11.1994 made in O.S.No.329 of 1991 on the file of the District Munsif
                 Court, Manapparai.


                                           For Appellant       : Mr.K.Govindarajan
                                           For Respondents : No appearance


                                                           JUDGMENT

It is seen from the records that in the second appeal 7th appellant died in

the year 2020 and steps have not been taken within 90 days from the date of death

and hence, the appeal was dismissed as abated as against the 7th appellant.

Therefore, the appellants filed an applications in C.M.P(MD)Nos.8230 to set

aside the abatement with a delay of 1037 days and also bring on record the legal

representatives of the 7th appellant. Pending these applications, 13th appellant,

who is not bring on record in the second appeal, died and therefore, the

applications in C.M.P(MD)No.8233 to 8235 of 2018 are also filed. In the above

said applications when the notice sent to the respondents was returned as first

respondent died, but sofar no steps has been taken.

2. The appeal is in the year 2001. Despite sufficient opportunity given to

the appellant, the appellant has not come forward to prosecute the appeal and has

https://www.mhc.tn.gov.in/judis not taken steps to bring on record the legal representatives of the deceased

appellant and the first respondent. Therefore, this Second Appeal is dismissed for

default with costs of Rs.1,00,000/- (Rupees One Lakh only) payable by the

appellant to the Registry. In case the appellant has filed any application to restore

the appeal, Registry is directed not to take the application on file unless the

appellant deposits the said amount imposed by this Court. Consequently, all the

connected miscellaneous petitions are closed.

                 am                                                                 12.06.2023



                 To
                 1.The Principal Sub Court,
                    Trichy.
                 2.The District Munsif Court,
                    Manapparai.
                 3.The Record Keeper,
                    V.R.Section,
                    Madurai Bench of Madras High Court,
                    Madurai.






https://www.mhc.tn.gov.in/judis
                                                                     P.VELMURUGAN, J.

                                                                                       am




                                                                       S.A.No.1257 of 2001
                                                                                       and

C.M.P(MD)Nos.8230, 8231, 8232, 8233, 8234 & 8235 of 2018

12.06.2023

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