Tmt.Ranganayakiammal v. Thiru Jeyachandra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS. JUSTICE N.MALA AS.No.535/2013 & MP.No.1/2013 1.Tmt.Ranganayakiammal 2.Tmt.Padmavathy 3.Thiru Thiruvenkadasamy 4.Minor Kiruthika rep.by her next friend Thiruvenkadasamy 5.Minor Ramkumar rep.by her next friend Thiruvenkadasamy 6.Thiru Krishnamurthy 7.Minor Subraja rep.by her next friend Krishnamurthy 8.Minor Lakshmanan rep.by her next friend Krishnamurthy 9.Tmt.Devi .. Appellants / Defendants Vs.

1.Thiru Jeyachandra 2.Thiru Justin Harris .. Respondents / Plaintiffs

Prayer:- Appeal Suit filed under Section 96 of CPC against order dated 31.01.2013 made in OS.No.163 of 2010 on the file of the learned IV Additional District and Sessions Judge, Coimbatore. For Appellants :

Mr.B.Vijayakumar For RR 1 & 2 :

Mr.D.Vijayakumar

JUDGMENT

[Judgment of the Court was delivered by S.S.SUNDAR, J.,] (1) Learned counsel for the appellants earlier reported the death of appellants 1, 3 and 6. However, steps were not taken. The learned counsel states that he is unable to get instructions from his clients to take steps.

(2) Hence, the Appeal Suit is liable to be dismissed as abated insofar as appellants 1, 3 and 6 are concerned.

(3) However, it is stated by the learned counsel for the appellants that notice had already been sent to the parties on 19.10.2022. Despite notice being served on the parties, the learned counsel for the appellants is unable to get instructions from

his clients. Hence, this Court is of the view that no useful purpose will be served by issuing another notice to the appellants. (4) Hence, the Appeal Suit stands dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed. [SSSRJ] [NMJ] 02.11.2022 AP Internet : Yes To 1.The IV Additional District and Sessions Judge Coimbatore.

2.The Section Officer VR Section, High Court, Chennai.

S.S.SUNDAR, J., AND N.MALA, J., AP 02.11.2022