Smt. Sivagami Amma (Died) v. Smt .D.Navaneetham &

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2020

CORAM:

THE HONOURABLE MR.G.K.ILANTHIRAIYAN S.A.No. 1503 of 1998 1.Sivagami Amma @ Maragatham 2.S.Natesa Siva 3.Santhi Siva 4.S.P.Siva 5.S.Muthu Siva 6.Parvatham 7.Neela 8.Vanmeeganathan 9.Thyagarajan 10.Somasundaram (Appellants 6 to 10 brought on record as LRs of the deceased 1st Appellant Viz., Smt.Sivagami Amma @ Maragatham vide order of Court dated 21.08.2019 made in C.M.P.No.501 to 503 of 2008 in S.A.No.1503 of 1998) ..Appellants Vs.

1.D.Navaneetham 2.Sankaranarayanan 3.Lakshmi Narayanan 4.D.Ravichandran 5.D.Bhaskaran 6.D.Sivakumar 7.D.Manikandan

8.D.Vijayan 9.D.Guberan 10.Malathi 11.D.Jayabarathi 12.D.Sridevi 13.D.Umarani 14.Sri Thiagarajaswamy Devasthanam Abisheka Kattalai, Tiruvarur rep. By its Executive Officer, Tiruvarur. (Minor Kuberan-9th respondent rep by his mother and guardian 1st respondent Smt.Navaneetham) (Minor Respondents 11 to 13 are rep by their mother and guardian 10th respondent Smt.Malathi) (All the respondents 1 to 13 are residing at Chandrasekaran Pettai, Kudavasal Taluk, Tiruvarur.) ..Respondents Prayer: Second Appeal filed under Section. 100 of C.P.C. against the judgment and decree passed in A.S.No.18 of 1997 dated 18.06.1997 on the file of the Principal Sub-Judge, Nagapattinam, confirming that of the judgment and decree in O.S.No.612 of 1993 dated 07.03.1996 on the file of the District Munsif, Tiruvarur.

For Appellants : Mr.P.Gopalan For Respondents: Mr.J.Nandagopal for R2, 4, 6 & 9 R14 Notice served R3, 5, 7, 8, 10 to 13 Not ready in notice

J U D G M E N T

This second appeal filed against the judgment and decree passed in A.S.No.18 of 1997 dated 18.06.1997 on the file of the Principal Sub-Judge, Nagapattinam, confirming that of the judgment and decree in O.S.No.612 of 1993 dated 07.03.1996 on the file of the District Munsif, Tiruvarur.

2. The learned counsel appearing for the appellants submitted that the first appellant died and the legal heirs of the first appellants have been brought on record as appellants 6

to 10. Subsequently, the second appellant also died. Though the learned counsel appearing for the appellant had written remaining letters to the appellants, the appellants did not turn up to implead the other legal heirs of the deceased second appellant. Therefore, he reported no instructions from the appellant. Therefore, it shows that the appellants have no interest to proceed with the case. Hence, this second appeal is dismissed for default. No costs.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar kkn To:-

1. The Principal Sub-Judge, Nagapattinam.

2. The District Munsif, Tiruvarur.

Copy To The Section Officer, V.R. Section, High Court, Madras.

S.A.No. 1503 of 1998 BP(CO) GN(04/03/2020)