Madras High CourtSA/1853/1998dismissed as abated

C.Mahalakshmi v. Malathi Vijayakumar

2019-11-15Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.11.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM S.A.No.1853 of 1998 and CMP.Nos.5188 to 5190 of 2002 C.Mahalakshmi ... Appellant Vs.

1. Malathi Vijayakumar

2. S.Sukumar ... Respondents PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 22.10.1998 made in A.S.No.69 of 1997 on the file of the IV Additional Judge, City Civil Court, Madras reversing the judgment and decree dated 18.10.1996 made in O.S.No.7081 of 1991 on the file of the VII Assistant Judge, City Civil Court, Madras.

For Appellant : Mr.A.Jinasenan

JUDGMENT

The learned counsel for the appellant has submitted that the sole appellant died on 16.04.2008. He further submitted that inspite of the letters sent by him, legal heirs of the appellant not respondended and hence, he is not in a position to bring the LRs of the sole appellant.

2. The matter is pending for nearly 11 years for taking steps to implead LRs of the sole appellant. Already time for impleading L.Rs expired. Hence, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

vv To

1. The IV Additional Judge, City Civil Court, Madras.

2. The VII Assistant Judge, City Civil Court, Madras.

3. The Section Officer, VR Section, High Court, Madras.

S.A.No.1853 of 1998 and CMP.Nos.5188 to 5190 of 2002 MG(CO) SP(20/07/2020) https://hcservices.ecourts.gov.in/hcservices/