Lakshmanan (Died) vs Muthuswamy
2024 Latest Caselaw 11424 Mad

Madras High Court

Lakshmanan (Died) vs Muthuswamy on 2 July, 2024

Author: S.Srimathy

Bench: S.Srimathy

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 02.07.2024

                                                   CORAM

                                  THE HON'BLE MRS.JUSTICE S.SRIMATHY

                                               A.S No.74 of 2002

                1. Lakshmanan (Died)
                2. Murugan alias Murugiah Pillai
                3. L. Premanayagam
                4. L.Chidambaram                                             ... Appellant
                [Appellants 3 & 4 are brought on record as LRs of the deceased 1 st Appellant,
                vide Court Order, dated 15.11.2002]

                                                      Vs.
                1. Muthuswamy
                2. Singaravelu (Died)
                3. Muthu Erulappan
                4. S.Pattammal
                5. S.Premanayagam @ Siva
                6. P.Ramalakshmi                                             ... Respondents
                [Respondents 4 to 6 are brought on record as LRs of the deceased 2nd
                respondent, vide Court Order, dated 02.01.2023]


                PRAYER: Second Appeal is filed under Section 100 of Civil Procedure Code,
                to allow the above Appeal by setting aside the Judgment and Decree of the
                Learned II Additional Subordinate Court, Tirunelveli in O.S.No.25 of 1997
                dated 01.10.2001 in so far as the same is against the appellants and to decree
                the said suit as prayed for.
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                1/4
                                             For Appellants    : No appearance
                                             For Respondents : M/s.T.Alaguram Jothi, for R-1
                                                               M/s.H.Arumugam, for R-3
                                                               M/s.M.Gurudas, for R-4 to R-6

                                                         JUDGEMENT

The Learned Counsel appearing for the Appellants 3 & 4 submitted

that they are the legal heirs of the deceased 1st appellant and further submitted

that the 2nd Appellant/Murugan alias Murugiah Pillai died. A memo, dated

27.06.2024 was filed stating 'No Instructions' The Appellants 3 & 4 had taken

steps to implead the legal heirs of the Lakshmanan, however fails to take steps

for Murugan alias Murugiah Pillai. Since the rights of the Lakshmanan and

Murugan alias Murugiah Pillai would be considered in A.S.No.182 of 2010 this

Court is inclined to dismiss this Appeal for Non-prosecution.

2. Accordingly, this Appeal suit is dismissed as Non-prosecution.

However, liberty is granted to the Legalheirs of the Lakshmanan and Murugan

alias Murugiah Pillai to prosecute their case in A.S.No.182 of 2010. No Costs.

                                                                                       02.07.2024
                NCC               :     Yes / No
                Index              :    Yes / No
                Internet          :     Yes / No
                KSA

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

To

1. The II Additional Subordinate Court, Tirunelveli.

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

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

S.SRIMATHY, J.

KSA

Judgment made in

02.07.2024

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