RATHINASAMY(DIED) vs SURESH BABU

S.A.(MD)No.574 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2026 CORAM THE HONOURABLE MR JUSTICE P. VADAMALAI S.A.(MD)No.574 of 2011 1.Rathinasamy (Died) 2.R.Thavamani .. Appellants (2nd appellant is brought on record as LR of the deceased sole appellant vide Court order dated 10.10.2020 made in C.M.P.(MD)Nos.34 & 35 of 2020 in S.A.(MD) No.574 of 2011 by MGRJ) Vs. Suresh Babu .. Respondent Prayer : Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree passed in A.S.No.91 of 2009 on the file of the Sub Court, Theni, dated 27.09.2010, confirming the judgment and decree of dismissal of the suit in O.S.No.390 of 2004 on the file of the District Munsif Court, Periakulam, dated 19.06.2006. 1/3 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/07/2026 09:29:52 pm ) S.A.(MD)No.574 of 2011 For Appellants : Mr.V.George Raja, Advocate for M/s.Ajmal Associates For Respondent : No Appearance JUDGMENT When the matter was taken up for hearing, the learned counsel for the appellants filed a memo stating that the second appellant, namely R.Thavamani, had passed away issueless and that he was unable to trace the Class II legal heirs o