Madasamy vs Valliammal
2024 Latest Caselaw 19888 Mad

Madras High Court

Madasamy vs Valliammal on 22 October, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                                   S.A(MD)No.841 of 2005


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 22.10.2024

                                                          CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                               S.A(MD)No.841 of 2005

                1.Madasamy
                2.Rathinam
                3.Sornappan
                4.Rayappan
                5.Krishnan                           ... Appellants/Appellants/Plaintiffs

                                                                        Vs.

                1.Valliammal

                2.Boothapandi Town Panchayat,
                  Through its Executive Officer,
                  Boothapandi Village,
                  Thovalai Taluk,
                  Kanyakumari District.     ... Respondents/Respondents/Defendants


                Prayer: Second Appeal filed under Section 100 of the Code of Civil
                Procedure against the judgment and decree dated 30.08.2004 passed in
                A.S.No.48 of 2003 on the file of the Principal Sub Court, Nagercoil,
                confirming the judgment and decree dated 31.03.2003 passed in
                O.S.No.79 of 1998 on the file of the Principal District Munsif Court,
                Nagercoil.


                                  For Appellants              : Mr.S.Ramesh

                                  For R – 1                   : Mr.T.Arul




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


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                                                                                S.A(MD)No.841 of 2005




                                                      JUDGMENT

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

counsel appearing for the appellants submitted that all the appellants

died and 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'.

2.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.

3.Recording the submission and endorsment made by the

learned counsel appearing for the appellants, the Second Appeal is

dismissed as abated. No costs.

                                                                          22.10.2024
                NCC                        : Yes/No
                Index                      : Yes/No
                ps

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

To

1.The Principal Sub Court, Nagercoil.

2.The Principal District Munsif Court, Nagercoil.

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

22.10.2024

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