K.Veerappan vs V.Kaliamma
2023 Latest Caselaw 12839 Mad

                                                                          S.A(MD)No.269 of 2012

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Dated : 20.09.2023

                                                       CORAM

                              THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY

                                               S.A(MD)No.269 of 2012

                     K.Veerappan
                                                                                   ... Appellant

                                                          -vs-

                     V.Kaliamma
                                                                                 ... Respondent


                     PRAYER: Second Appeal filed under Section 100 Code of Civil
                     Procedure against the Judgment and Decree dated 03.08.2010 made in
                     A.S.No.16 of 2010 on the file of the Sub Judge, Devakkottai reversing
                     the Judgment and Decree dated 09.04.2010 made in O.S.No.95 of 2006
                     on the file of the Additional District Munsif, Karaikudi.

                                  For Appellant        ... Mr.J.Anandkumar
                                  For Respondent       ... Mr.G.Prabhu Rajadurai




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                                                                             S.A(MD)No.269 of 2012


                                                        JUDGMENT

When the matter was taken up for hearing on 28.07.2023, the

learned counsel for the appellant submitted that the sole appellant passed

away and he sought time to implead the legal heirs of the deceased sole

appellant. Hence, the matter was adjourned to 21.08.2023. On that date,

the learned counsel for the appellant requested further time to take steps.

Hence, the matter was adjourned to 12.09.2023. While granting time on

21.08.2023, this Court observed that if no steps are taken by next

hearing, the second appeal will be dismissed as abated on 12.09.2023.

Even thereafter, on 12.09.2023, the learned counsel for the appellant

sought further time and this Court has also granted time till today.

However, when the matter is called today, the learned counsel for the

appellant would submit that he is unable to get the details of the legal

heirs of the deceased sole appellant.

2. In view of the above fact, this Court feels that keeping this

matter pending, no useful purpose will be served. Hence, the Second

Appeal is dismissed as abated. No costs.

20.09.2023 NCC : Yes/No Index : Yes/No Internet: Yes skn https://www.mhc.tn.gov.in/judis

S.A(MD)No.269 of 2012

To:

1.The Sub Judge, Devakkottai

2.The Additional District Munsif, Karaikudi.

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.269 of 2012

KRISHNAN RAMASAMY, J.

skn

S.A(MD)No.269 of 2012

20.09.2023

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