Ganapathy Thevar vs Pottalkannu Thevar
2024 Latest Caselaw 18045 Mad

Madras High Court

Ganapathy Thevar vs Pottalkannu Thevar on 10 September, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                                     S.A(MD).No.507 of 2005


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 10.09.2024

                                                      CORAM

                        THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                              S.A(MD).No.507 of 2005


                     Ganapathy Thevar                                ... Appellant

                                                         .vs.

                     1.Pottalkannu Thevar
                     2.Paramasivan
                     3.Ramachandran                                  ... Respondents

                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, against the judgment and decree passed in A.S.No.17 of 2004, on the
                     file of the Sub-Court (Appellate Court), Tuticorin, dated 07.03.2005
                     confirming the judgment and decree passed in O.S.No.402 of 2002, on the
                     file of the District Munsif Court, Srivaiguntam, dated 11.12.2003.


                                         For Appellant          : Mr.G.Prabhu Rajadurai

                                        For Respondents : Mr.D.Nallathambi




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                S.A(MD).No.507 of 2005




                                                    JUDGMENT

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

counsel appearing for the respondents would submit that the sole appellant

namely Ganapathy Thevar died nearly two years before leaving behind his

wife, one daughter and four sons. They are not exactly aware about the

name and particulars of the legal representatives of the deceased appellant.

He further submitted that the first respondent also died on 19.05.2021 and

one of his legal heirs namely Paramasivan/2nd respondent was already on

record and hence, the appeal may be dismissed as abated.

2. The learned counsel for the respondents also filed a memo to

that effect. The said memo is recorded.

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

3. In view of the above, this second appeal is dismissed as abated.

No costs.

Index : Yes / No Speaking Order : Yes / No 10.09.2024 am

To

1.The Sub-Court, Tuticorin.

2.The District Munsif Court, Srivaiguntam

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

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

V.BHAVANI SUBBAROYAN, J.

am

10.09.2024

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