S.A.(MD).No.104 of 2012 THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.A.(MD)No. 104 of 2012 A.Murugesan ... Appellant /Vs./ 1. S. Appavoo (Died) 2. A.Palanichamy 3. A.Subramanian 4. A.Veluchamy 5. A.Chinnachamy 6. A.Krishnan 7. A.Prabhakaran 8. Malathi ...Respondents [R-6 to R-8 are brought on record as LRs of deceased R-1 vide Order of this Court, dated 11.06.2019] P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the Judgment and Decree, dated 11.11.2010 in A.S.No. 7 of 2009 on the file of the Learned Additional Subordinate Judge, Fast Track Court, Dindigul, confirming the Judgment and Decree, dated 1/4 https://www.mhc.tn.gov.in/judis S.A.(MD).No.104 of 2012 09.01.2009 passed in O.S.No.97 of 2004 on the file of the Principal Sub Court, Dindigul and allow this Second Appeal. For Appellant : M/s.Antony Arulraj For Respondents : R-1 Died Mr.G.Marimuthu, for R-3 R-2, 4 & 5 – No appearance Mr.P.Vairava Sundaram, for R-6 to R-8 JUDGMENT The Learned Counsel appearing for the Appellant submitted that the sole appellant died. The Learned Counsel appearing for the respondents 4 to 8 has filed a memo stating that the appellant died four months before and his wife also pre-deceased and has four children, in which one daughter and one son were pre-deceased. As of now one son, namely; Bharathi and one daughter namely; Solamani are available. The son is residing in the same address where his father resided and the daughter is residing in the adjacent town, namely; Ayyalur. However, the Learned Counsel appearing for the appellant submitted that he is not able to contact the Legal heirs of the appellant. 2/4 https://www.mhc.tn.gov.in/judis S.A.(MD).No.104 of 2012 2. Recording the aforesaid memo, this Second Appeal is dismissed as abated. No costs. 28.01.2025 Index : Yes / No NCC : Yes / No KSA TO: 1. The Additional Subordinate Judge, Fast Track Court, Dindigul. 2. The Principal Sub Court, Dindigul. 3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis S.A.(MD).No.104 of 2012 S.SRIMATHY, J. KSA Judgment made in S.A.(MD)No.104 of 2012 28.01.2025 4/4 https://www.mhc.tn.gov.in/judis