Arulsami Udayar vs Alexander
2024 Latest Caselaw 7371 Mad

Madras High Court

Arulsami Udayar vs Alexander on 1 April, 2024

                                                                                   S.A.No.550 of 2003

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 01.04.2024

                                                           CORAM

                                   THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

                                                   S.A.No.550 of 2003


                     1.Arulsami Udayar
                     2.Maria Thereas
                     3.Kulandai Thereas
                     4.Prakasamary                                              ... Appellants

                                                            vs.

                     1.Alexander
                     2.Ponnambala Padayachi
                     3.Kasinatha Padayachi
                     4.Reginamary
                     5.Karunanidhi                                              ...Respondents
                     Prayer:- Second Appeal filed under Section 100 of the Civil Procedure
                     Code against the judgment and decree dated 04.04.2002 in A.S.No.44 of
                     2001, passed by the learned Principal Sub Judge, Virudhachalam,
                     confirming & reversing (sic confirming) the judgment and decree dated
                     13.06.2001 in O.S.No.1150 of 1988 passed by the learned Additional
                     District Munsif, Virudhachalam.
                                      For appellants          : Mr.H.Shabeer Ali
                                      For respondent - 5       : Mrs.R.Meenal
                                                           *****


                     Page 1 of 4
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                                                                                       S.A.No.550 of 2003

                                                       JUDGMENT

The learned counsel for the respondents would submit that in spite

of so many adjournments granted by this Court, no steps have been taken

to implead the legal heirs of the 2nd appellant.

2. It also appears that the respondents 1, 2 and 4 have also died

and even against these respondents, no steps have been taken. This Court

has granted so many adjournments to the appellants to move necessary

application to implead the legal heirs. In spite of providing sufficient

opportunities, the appellants have not taken any steps. Hence, there is no

purpose in retaining this Second Appeal.

3. In the result, the Second Appeal is dismissed as abated and

for default. There shall be no order as to costs.

01.04.2024

Internet : Yes Index : Yes/No Speaking order/Non-speaking order apd

To

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

1. The Principal Sub Judge, Virudhachalam.

2. The Additional District Munsif, Virudhachalam.

3.The Section Officer, V.R.Section, High Court, Madras.

C.KUMARAPPAN,J.

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

apd

01.04.2024

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