Pitchamuthu vs R.Sivagnana Mudhaliar
2024 Latest Caselaw 71 Mad

Madras High Court

Pitchamuthu vs R.Sivagnana Mudhaliar on 2 January, 2024

                                                                              SA.No.1800 of 1996


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 02.01.2024

                                                     CORAM:

                      THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR


                                             SA.No.1800 of 1996 and
                                             CMP.No.17951 of 1996


                    1.Pitchamuthu
                    2.Kaliammal
                    3.Arumugham                                               ... Appellants


                                                        -vs-

                    1.R.Sivagnana Mudhaliar
                    2.Pappathi Ammal
                    3.M.Subramaniam                                             ... Respondents
                    (No relief claimed as against the respondents 2 and 3
                    since they are ex parte in all the courts and hence, they were given up)



                    PRAYER: The Second Appeal is filed under Section 100 C.P.C to set

                    aside the decree and Judgment in A.S.No.51 of 1992, dated 30.09.1994 on

                    the file of the Subordinate Judges Court, Kumbakonam confirming the

                    decree and Judgment of the District Munsif Court, Valingaiman at

                    Kumbakonam passed in O.S.No.612 of 1988, dated 24.07.1992.



                   1
https://www.mhc.tn.gov.in/judis
                                                                                SA.No.1800 of 1996


                                  For Appellants       : Mr. V.K. Vijaya Raghavan

                                  For Respondents       : No appearance



                                                        JUDGMENT

The Second Appeal has been filed against the decree and

Judgment in A.S.No.51 of 1992, dated 30.09.1994 on the file of the

Subordinate Judges Court, Kumbakonam confirming the decree and

Judgment of the District Munsif Court, Valingaiman at Kumbakonam

passed in O.S.No.612 of 1988, dated 24.07.1992.

2. From the perusal of the records it is noticed that the

respondents 1 and 2 are no more and no relief is claimed as against the 3 rd

respondent. The appellants filed different applications to bring on record

the Legal Representatives of the deceased respondents 1 and 2 along with

applications to condone the delay in filing such application and also to set

aside the abatement caused consequent upon the death of the respondents 1

and 2 and the said applications in CMP(MD).Nos.18807 and 692 of 2023

were allowed by this Court on 07.06.2023 subject to the payment of cost

of Rs.25,000/- and Rs.10,000/- respectively in respect of the respondents 1

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

and 2. Further, the said condition was not complied with by the appellants

and the applications filed seeking to reduce the cost imposed were also

dismissed by this Court. Consequently, the abatement caused consequent

upon the death of the respondents 1 and 2 had become final.

3. In the above circumstances, nothing survives for

adjudication in this appeal and accordingly, this Second Appeal is

dismissed. No costs. Consequently, the connected Miscellaneous Petition

is closed.

                                                                                  02.01.2024
                    Internet : Yes / No
                    Index    : Yes / No
                    trp


                    To

1. The Subordinate Judges Court, Kumbakonam.

2. The District Munsif Court, Valingaiman at Kumbakonam

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

MUMMINENI SUDHEER KUMAR. J.

trp

SA.No.1800 of 1996 and

02.01.2024

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