R.Nagaraj vs Sudhakar
2023 Latest Caselaw 6880 Mad

                                                                                   S.A.(MD).No.381 of 2017


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 22.06.2023

                                                        CORAM

                            THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

                                              S.A.(MD).No.381 of 2017
                                                       and
                                             C.M.P.(MD).No.8086 of 2017


                R.Nagaraj                                           ...Appellant/Respondent/Plaintiff


                                                              Vs.

                Sudhakar                                        ...Respondent/Appellant/Defendant

                Prayer: Second Appeal is filed under Section 100 of CPC against the judgment
                and decree dated 21.01.2013 made in A.S.No.21 of 2011 on the file of
                Additional District and Sessions Court, Theni at Periyakulam reversing the
                judgment and decree dated 21.06.2011 made in O.S.No.94 of 2010 on the file
                of the Sub Court reversing the well considered judgment of the Trial Court,
                Theni.


                                  For Appellant      : Mr.S.Siva Thilakar
                                  For Respondent     : Mr.R.Suriyanarayanan




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https://www.mhc.tn.gov.in/judis
                                                                                S.A.(MD).No.381 of 2017


                                                  JUDGMENT

Till date, the appellant has not taken steps to bring on record the legal

representatives of the deceased sole respondent. The applications filed by the

appellant to bring on record the legal representatives of the deceased sole

respondent in C.M.P.(MD).SR.Nos.31653 to 31655 of 2023 were also returned

by the Registry to the petitioner/appellant on 23.05.2023 for certain

compliances. Till date, the said applications have not been represented by the

petitioner/appellant by complying with the returns. The respondent died on

29.02.2020 itself. A memo to that effect was also filed by the learned counsel

for the respondent on 14.09.2020 and the particulars of the legal heirs of

deceased respondent were also furnished in the said memo. Since steps have

not been taken by the appellant till date even after a lapse of almost three years,

this Second Appeal will have to be necessarily dismissed as abated.

Accordingly, this Second Appeal is dismissed as abated. There shall be no

order as to costs. Consequently, connected miscellaneous petition stands

closed.

                                                                           22.06.2023
                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes/ No
                Lm

https://www.mhc.tn.gov.in/judis S.A.(MD).No.381 of 2017

To

1.The Sub Court, Theni.

2.The Additional District and Sessions Court, Theni, Periyakulam.

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

https://www.mhc.tn.gov.in/judis S.A.(MD).No.381 of 2017

ABDUL QUDDHOSE, J.

Lm

S.A.(MD).No.381 of 2017

22.06.2023

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