Veerappan vs Periya Karuppan ... 1St
2024 Latest Caselaw 15829 Mad

Madras High Court

Veerappan vs Periya Karuppan ... 1St on 14 August, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                           S.A(MD)No.266 of 2006


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 14.08.2024

                                                   CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                         S.A(MD)No.266 of 2006
                                                 and
                                       C.M.P(MD)No.1996 of 2006

                1.Veerappan
                2.Periyasamy                  ... Appellants/Respondents 3 & 4/
                                                    Defendants 3 & 4

                                                                 Vs.

                1.Periya Karuppan             ... 1st Respondent/Appellant/Plaintiff

                2.The Tahsildar,
                  Karaikudi Taluk,
                  Karaikudi,
                  Sivagangai District.

                3.The District Collector,
                  Sivagangai District.        ... Respondents 2 & 3/Respondents 3 & 4/
                                                    Defendants 3 & 4


                Prayer: Second Appeal filed under Section 100 of the Code of Civil
                Procedure against the judgment and decree dated 27.10.2005 passed in
                A.S.No.16 of 2005 on the file of the Sub Court, Devakottai, reversing
                the judgment and decree dated 26.02.2004 passed in O.S.No.94 of
                1999 on the file of the Additional District Munsif Court, Karaikudi.




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                                                                                S.A(MD)No.266 of 2006




                                  For Appellants             : Mr.A.L.Kannan

                                  For Respondents            : No appearance
                                                               for R.1

                                                             : Mr.R.Ragavendran
                                                               Government Advocate
                                                               for R.2 & R.3

                                                      JUDGMENT

When the matter came up of hearing on 31.07.2024, the

learned counsel appearing for the appellants submitted that both the

appellants died and sought time for taking steps to implead the legal

heirs of the deceased appellants.

2.When the matter is taken up for hearing today, the learned

counsel appearing for the appellants submitted that inspite of taking

earnest efforts to bring on record the legal representatives of the

deceased appellants, the legal heirs of the deceased appellants are not

interested in pursuing the matter further and hence, the learned counsel

for the appellants reported 'no instructions'.

3.It appears that the legal heirs of the deceased appellants is

not interested in prosecuting the matter further. Therefore, this Court is

of the view that no useful purpose would be served in keeping the

matter pending.

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

4.In view of the above, the Second Appeal is dismissed as

abated. No costs. Consequently, connected Miscellaneous Petition is

closed.

                                                                       14.08.2024
                NCC                       : Yes/No
                Index                     : Yes/No
                Internet                  : Yes
                ps


                To


                1.The Sub Court,
                    Devakottai.

2.The Additional District Munsif Court, Karaikudi.

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

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

V.BHAVANI SUBBAROYAN, J.

ps

Judgment made in

14.08.2024

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