Rathina Sabapathy vs Karuppaiah Servai (Died)
2024 Latest Caselaw 18255 Mad

Madras High Court

Rathina Sabapathy vs Karuppaiah Servai (Died) on 12 September, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                       1

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 12.09.2024

                                                    CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                           S.A(MD)No. 137 of 2007
                                                   and
                                            M.P(MD)No.1 of 2007

                  Rathina Sabapathy                                 ...Appellant

                                                      Vs.


                  1. Karuppaiah Servai (Died)
                  2. Subbiah Servai
                  3. Vaithialingam Servai (Died)
                  4. Kasinathan Servai
                  5. Thatchinamoorthy Servai
                  6. V.Muthulakshmi
                  7. V. Kamalam
                  8. Padmini
                  9. V. Balasubramanian
                  10. V. Ramamoorthy
                  11. V. Chandrasekar
                  12. Rangammal
                  13. Bose
                  14. Subramani @ Mani
                  15. Gandhi
https://www.mhc.tn.gov.in/judis
                                                          2

                  16. Lakshmi
                  17. Jothimani
                  18. Amutha                                                ...Respondents


                  [Respondents 6 to 11 are brought on record as LRs of th deceased 3 rd
                  respondent vide Order of this Court, dated 16.08.2021]

                  [Respondents 12 to 18 are brought on record as LRs of th deceased 1 st
                  respondent vide Order of this Court, dated 16.08.2021]

                  PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure
                  Code, to allow this appeal and set aside the Judgment and Decree dated
                  27.09.2005 passed in A.S No. 3 of 2005 on the file of the District Court,
                  Pudukkottai confirming the Judgment and Decree dated 15.02.2000 passed in
                  OS.171 of 1997 on the file of the District Munsif cum Judicial Magistrate
                  Court, Thirumayam.


                                  For Appellant     :M/s.V.Ramakrishnan
                                  For Respondents :M/s.P.Thiyagarajan, for R-4, R-5, 12 to 15,
                                                        17 & 18
                                                   M/s.G.Vithyamaheswaran, for R-9 to R-11
                                                    R-1, 2, 3 & 16 – Died


                                                    JUDGMENT

The Learned Counsel appearing for the Appellant submitted that

the sole appellant died on 22.04.2023. Inspite of contacting the Legal heirs

of the appellant they have not come forward to prosecute this case.

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

2. Till date no steps have been taken and hence, this Second

Appeal is dismissed as abated with liberty to reopen, if the legal heirs

intended to to contest the case. No Costs. Consequently, connected

miscellaneous petition is closed.

Index :Yes/No 12.09.2024 Internet:Yes/No

KSA

To

1. The District Court, Pudukkottai.

2. The District Munsif cum Judicial Magistrate Court, Thirumayam.

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

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

S.SRIMATHY, J.

KSA

Judgment made in

12.09.2024 https://www.mhc.tn.gov.in/judis