Sivagami (Died) vs Karuppiah
2024 Latest Caselaw 17222 Mad

Madras High Court

Sivagami (Died) vs Karuppiah on 2 September, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                            S.A(MD)No.237 of 2005


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 02.09.2024

                                                    CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                         S.A(MD)No.237 of 2005
                                                 and
                                       C.M.P(MD)No.2126 of 2005

                1.Sivagami (died)             ... Appellant/Respondent/Plaintiff
                2.Ponnusamy
                3.Jeyalakshmi
                4.Pon.Ramachandran
                5.Pon.Jeyaraman
                6.Pon.Kesavan
                7.Pon.Ravichandran
                8.Pon.Ayyakaanuraju           ... Appellants 2 to 8

                      (Appellants 4 to 8 are represented by
                        their power of Attorney Ponnusamy-2nd Petitioner)

                      (Appellants 2 to 8 are brought on record as Lrs of
                        the deceased 1st appellant vide order dated 31.08.2009
                        made in M.P(MD)No.2 of 2009 in S.A(MD)No.237 of 2005)

                                              Vs.

                1.Karuppiah
                2.Raja
                3.Ramamoorthy                 ... Respondents/Appellants/Defendants


                Prayer: Second Appeal filed under Section 100 of the Code of Civil

                Procedure against the judgment and decree dated 03.11.2004 made in

                A.S.No.16 of 2004 on the file of the I Additional Sub Court, Madurai,

                reversing the judgment and decree dated 20.10.2003 made in

                O.S.No.169 of 2002 on the file of the District Munsif Court, Melur.
https://www.mhc.tn.gov.in/judis


                1/4
                                                                                  S.A(MD)No.237 of 2005


                                  For Appellants              : Mr.D.Srinivasa Ragavan

                                  For R – 2                   : No appearance

                                  For R – 3                   : Mr.V.Chinnakaruppan


                                                       JUDGMENT

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

counsel appearing for the appellants submitted that the defendants

have sold the property to third parties and seeks permission of this

Court to withdraw the Second Appeal with liberty to proceed with the

purchasers legally and he has also made an endorsement to that effect.

2.Regarding the said liberty, this Court is not inclined to grant

any leniency, as a question will arise regarding the cause of action.

Hence, this Court leaves that question open and the appellants are at

liberty to proceed further in the manner known to law.

3.With the above liberty, this Second Appeal is dismissed as

withdrawn. No costs. Consequently, connected Miscellaneous Petition is

closed.

                                                                                  02.09.2024
                NCC               : Yes/No
                Index             : Yes/No
                ps

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

To

1.The I Additional Sub Court, Madurai.

2.The District Munsif Court, Melur.

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

02.09.2024

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