P.Kanagu vs K.Avulu
2023 Latest Caselaw 7369 Mad

                                                                                S.A.Nos.2137 & 2138 of 2003


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 30.06.2023

                                                             CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                             S.A.Nos.2137 & 2138 of 2003 &
                                        M.P(MD)Nos.1 to 3 of 2011 and 1 to 3 of 2011


                     P.Kanagu                                   ...Appellant in both appeals
                                                              vs.

                     K.Avulu                                    ... Respondent in both appeals


                     Common Prayer: Second Appeals filed under Section 100 of the Code of
                     Civil Procedure against the Judgment and Decree dated 30.04.2003 in
                     A.S.Nos.169 & 170 of 1995 respectively on the file of the Principal
                     District Court, Tiruchirapalli reversing the Judgment and Decree dated
                     20.03.1995 in O.S.Nos.1087 & 695 of 1985 respectively on the file of
                     the Principal District Munsif Court, Tiruchirapalli.

                     In both appeals,

                                  For Appellant          :      Mr.R.Devaraj

                                  For Respondent         :      No appearance




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                                                                             S.A.Nos.2137 & 2138 of 2003


                                                  COMMON JUDGMENT



                                  The order of this Court dated 19.06.2023 in M.P(MD)Nos.1 and 1

                     of 2011 in S.A.Nos.2137 and 2138 of 2003 respectively are not complied

                     with. Therefore, M.P(MD)Nos.1 and 1 of 2011 in S.A.Nos.2137 and

                     2138 of 2003 respectively are dismissed. The consequential petitions in

                     M.P(MD)Nos.2, 2, 3 and 3 of 2011 in S.A.Nos.2137 and 2138 of 2003

                     respectively are also dismissed.



                                  2. The learned counsel appearing for the appellant filed Memo

                     dated 28.06.2023 in both the appeals stating that the sole appellant died.

                     Memo in both the appeals are hereby recorded. However, so far, steps

                     have not been taken for the deceased sole appellant. The sole respondent

                     in both the appeals has also passed away. Therefore, the Second Appeals

                     are dismissed as abated. No costs.

                                                                                        30.06.2023

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

                     mbi


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                                                              S.A.Nos.2137 & 2138 of 2003


                     To

                     1.The Principal District Court,
                       Tiruchirapalli

                     2.The Principal District Munsif Court,
                       Tiruchirapalli

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




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                                            S.A.Nos.2137 & 2138 of 2003


                                          P.VELMURUGAN, J.

mbi

S.A.Nos.2137 & 2138 of 2003

30.06.2023

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