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2025 DAILYLAW 114697 (MAD)

S.S. MUTHAIAH v. UNNAMALAI AACHI

SA(MD)/340/2012 · 2025-03-06

P Vadamalai

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S.A(MD)No.340 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025 CORAM: THE HONOURABLE MR.JUSTICE P.VADAMALAI S.A(MD)No.340 of 2012 and M.P(MD)No.1 of 2012 S.S.Muthaiah ... Appellant/1st Respondent/ Plaintiff Vs. 1.Unnamalai Aachi ...1st Respondent/Appellant/ 2nd Defendant 2.Valliammai ...2nd Respondent/2nd Respondent/ 1st Defendant PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 30.08.2011 in A.S.No.20 of 2009 on the file of the Principal District Judge, Sivagangai, reversing the judgment and decree, dated 31.03.2008 in O.S,No.24 of 2006 on the file of the Sub Judge, Devakottai. For Appellant : Mr.R.Rajesh Kumar for V.R.Shanmuganathan For R1 : Mr.T.Antony Arulraj For R2 : Mr.S.Madhavan 1/4 https://www.mhc.tn.gov.in/judis S.A(MD)No.340 of 2012 JUDGMENT When the matter was taken up for hearing today (06.03.2025), the learned counsel for the appellant submitted that the sole appellant is no more and even after making several phone calls requiring the appellant's legal heirs to furnish the details, there was no reply from them and reported 'no instructions'. A memo has also been filed to that effect. The said memo is recorded. 2. Hence, this Court has no other way except to dismiss this appeal as abated. Accordingly, this Second Appeal is dismissed as abated. No costs. Consequently, the connected Miscellaneous Petition is closed. 06.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No VSD 2/4 https://www.mhc.tn.gov.in/judis S.A(MD)No.340 of 2012 To 1.The Principal District Judge, Sivagangai. 2.The Sub Judge, Devakottai. 3.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis S.A(MD)No.340 of 2012 P.VADAMALAI, J. VSD JUDGMENT MADE IN S.A(MD)No.340 of 2012 and M.P(MD)No.1 of 2012 06.03.2025 4/4 https://www.mhc.tn.gov.in/judis