Palaniappan vs Mani
2024 Latest Caselaw 18773 Mad

Madras High Court

Palaniappan vs Mani on 24 September, 2024

                                                                                            S.A. No.596 of 2012

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 24.09.2024

                                                             CORAM :

                                         THE HON'BLE MR. JUSTICE K. RAJASEKAR
                                                       S.A. No. 596 of 2012


                    1.       Palaniappan
                    2.       Velayathuam                       ... Appellants/ Respondents/ Plaintiffs

                                                                Vs.


                    1.        Mani
                    2.        Pappathi
                    3.        Sellammal                        ... Respondents/ Appellants/ Defendants


                                  Second Appeal filed Under Section 100 of Civil Procedure Code against
                    the Judgment and Decree dated 23.04.2010 made in A.S. No.86 of 2009 on the
                    file of the I Addl. Subordinate Judge, Salem reversing the finding of the
                    Judgment and Decree dated 27.07.2009 made in O.S. No.444 of 2006 on the file
                    of I Addl. District Munsif, Salem.


                                    For Appellants       :     M/s. M. Guruprasad

                                    For Respondents      :     M/s. P. Mathivanan



                                                              *****




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https://www.mhc.tn.gov.in/judis
                                                                                              S.A. No.596 of 2012

                                                            JUDGMENT

This Court in earlier occasion had directed the appellants to take steps to

implead the Legal Heirs of the deceased first appellant.

2. Today, when the matter is taken up for hearing, the learned counsel

appearing for the appellants reports that the second appellant in this appeal was

also died and further submitted that in spite of efforts taken to get further

instructions from the family members of the appellants, he was not able to get

instructions and filed a memo dated 04.09.2024, to that effect.

3. Recording the submissions made by the learned counsel appearing

for the appellants and both appellants in this appeal were died and there was no

further instructions, this second appeal is dismissed as abated.

4. Accordingly, this Second Appeal is 'dismissed as abated'. No costs.

18.09.2024 stn Index:Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No

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

To:

1. The Section Officer, VR Section, High Court, Madras.

K. RAJASEKAR, J.

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

stn

24.09.2024

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