B.Parimalanayaki vs Pancheswari
2024 Latest Caselaw 18620 Mad

Madras High Court

B.Parimalanayaki vs Pancheswari on 20 September, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                                  S.A(MD)No.104 of 2004


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 20.09.2024

                                                       CORAM

                        THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                               S.A(MD)No.104 of 2004

                     1.B.Parimalanayaki
                     2.R.Bhoominathan                                      ... Appellants

                                                           .vs.
                     1.Pancheswari
                     2.Yasotha @ Jothi
                     3.Rajeswari
                     4.Thanavur Municipality,
                       represented by its Commissioner,
                       Gandhiji Road,
                       Thanjavur.                                         ... Respondents

                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, against the judgment and decree dated 24.12.2003 made in A.S.No.
                     111 of 2003, on the file of the Principal District Court, Thanjavur modifying
                     the judgment and decree dated 23.07.2003 made in O.S.No.301 of 1995 on
                     the file of the District Munsif, Thanjavur.
                                          For Appellants          : Mr.R.Giridharan
                                          For R1 to R3            : Mr.V.K.Vijayaragavan
                                          For R4                  : Mr.V.Ragupathi




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                 S.A(MD)No.104 of 2004




                                                    JUDGMENT

Today, when the matter is taken up for hearing, the learned

counsel appearing for the appellants has filed a memo stating that the

second appellant died on 09.09.2014 leaving behind the first appellant and

his three sons as his legal heirs. All the three sons are living separately and

they are not interested in prosecuting the case. The first appellant is aged

about 85 years and she is not in a position to continue the litigation. Hence,

the second appeal may be dismissed as not pressed. The said memo is

recorded.

2. In view of the submission made by the learned counsel for the

appellants, this second appeal is dismissed for non-prosecution. No costs.

Index : Yes / No Speaking Order : Yes / No 20.09.2024 am

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

To

1.The Principal District Court, Thanjavur.

2.The District Munsif, Thanjavur.

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

20.09.2024

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