Baskarapillai vs Neelakandanpillai (Died)
2023 Latest Caselaw 14730 Mad

Madras High Court

Baskarapillai vs Neelakandanpillai (Died) on 23 November, 2023

                                                                                 S.A.(MD)No.20 of 2013


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED : 23.11.2023

                                                            CORAM

                                     THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                                S.A.(MD)No.20 of 2013 &
                                   C.M.P.(MD)Nos.6153 of 2018 & 14763 to 14765 of 2023

                     1.Baskarapillai                                            ...Appellant
                                                              vs.
                     1.Neelakandanpillai (died)
                     2.Rajakumar                                               ... Respondents

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 12.09.2011 in
                     A.S.No.42 of 2010 on the file of the Sub Court, Padmanabapuram
                     reversing the Judgment and Decree dated 23.02.2010 in O.S.No.65 of
                     2008 on the file of the Principal District Munsif Court, Eraniel.

                     For Appellants                :       Mr.N.Balakrishnan

                     For Respondents               :       Mr.S.Kumar for R2
                                                           R1 - Died


                                                          JUDGMENT

A Memo dated 21.11.2023 has been filed by the learned counsel

for the second respondent stating that the sole appellant died in the

Month of April 2022 leaving behind his wife Indra Bai and son

Neelakanda Suthan, subsequently, Neelakanda Suthan died on

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09.12.2022 and Indra Bai died on 16.11.2023 without any legal heir.

2. In view of the Memo, this Second Appeal stands dismissed as

abated as the proposed appellants sought to be impleaded as legal

heirs of the appellant are also no more. No costs. C.M.P.(MD)Nos.

14763 to 14765 of 2023 are disposed of accordingly. C.M.P.(MD)No.

6153 of 2018 stands closed.

23.11.2023

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

mbi

To

1.The Sub Court, Padmanabapuram

2.The Principal District Munsif Court, Eraniel

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

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R.KALAIMATHI, J.

mbi

23.11.2023

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