K.Kolandasamy vs Kolandan
2024 Latest Caselaw 18782 Mad

Madras High Court

K.Kolandasamy vs Kolandan on 24 September, 2024

                                                                             S.A.No.237 of 2009

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 24.09.2024

                                                     CORAM:

                                   THE HONOURABLE MR. JUSTICE P.B.BALAJI

                                                S.A.No.237 of 2009
                                          & Cross Objection No.85 of 2009
                                               & M.P.No.1 of 2009

                     K.Kolandasamy                                          ... Appellant

                                                        Vs

                     1.Kolandan
                     2.Manokaran
                     3.Manickam
                     4.Gandhi
                     5.Geetha
                     6.Deepa
                     7.Mohan
                     8.Pappal                                               ... Respondents

                     [RR4 to 8 brought on record as
                     LR's of the deceased R2 vide
                     order dated 19.08.2015 made in
                     M.P.Nos.1 to 3 of 2014 in
                     S.A.No.237 of 2009]


                     Prayer: The Second Appeal filed under Section 100 of the Civil
                     Procedure Code against the Judgment and Decree dated 19.01.2009 made
                     in A.S.No.86 of 2008 on the file of the First Additional Sub-Court,


                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                      S.A.No.237 of 2009

                     Erode, reversing the judgment and decree dated 08.07.2008 made in
                     O.S.No.14 of 2006 on the file of the First Additional District Munsif
                     Court, Erode.


                                       For Appellant           : Mr.K.Mekala

                                       For Respondents
                                             For RR1 & 3       : Mr.V.Rajesh

                                             For R2            : Died (steps taken)



                                                       JUDGMENT

Ms.K.Mekala, learned counsel representing Mr.N.Manokaran,

learned counsel for the appellant would submit that the sole appellant

passed away and his only legal representative, namely his wife is not

interested to pursue the litigation and hence, she prays for the said

submission to be recored and the Second Appeal accordingly be disposed

of.

2.Recording the said submission made by the learned counsel for

the appellant, the Second Appeal is dismissed as abated. There shall be

no order as to costs. Connected Miscellaneous Petition is closed.

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

However, since there is a cross objection filed by the respondents in

S.A.No.237 of 2009, the learned counsel for the cross objector seeks time

to verify whether the cross objectors have any interest to pursue the cross

objection or as to whether they will also be withdrawing the same.

3.Post the cross objection on 04.10.2024. In the event of the cross

objector intending to pursue the cross objection, liberty is granted to the

appellant's wife to revive the second appeal by filing appropriate

application.

24.09.2024

Index:Yes/No Speaking order/Non-speaking order

ata

To

1.The First Additional Sub-Court, Erode.

2.The First Additional District Munsif Court, Erode.

3.The Section Officer, VR Section, Madras High Court, Chennai.

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

P.B.BALAJI,J.

ata

& Cross Objection No.85 of 2009

24.09.2024

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