Madras High CourtSA/1716/1999dismissed as abated

1.Ramasamy v. 1.Ethiraj

2022-04-05Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE R.HEMALATHA S.A.NOS.1716 & 1717 OF 1999 AND C.M.P.NOS.18146 & 18147 OF 1999

1. Ramasamy (Died)

2. N.Kannan

3. Uma

4. Arumugam

5. Kala

6. Ellammal ... Appellants in both S.A's (Appellants 3 to 6 brought into record as legal representatives of the deceased appellant 1 viz., Ramasamy vide Court order dated 15.02.2022 made in C.M.P.Nos.4002, 4005 & 4007 of 2021 in S.A.No.1716 of 1999) (Appellants 3 to 6 brought into record as legal representatives of the deceased Appellant 1 viz., Ramasamy vide Court order dated 15.02.2022 made in C.M.P.Nos.3569, 3570 & 3571 of 2021 in S.A.No.1717 of 1999) .Vs.

1. Ethiraj

2. Parasuraman (Died)

3. Saradha

4. Saraswathi

5. Chandravadhani

6. P.G.S.Govindan ... Respondents in S.A.No.1716 of 1999

(RR3 to 6 brought on record as LRs of the deceased R2 viz., Parasuraman vide order of Court dated 18.12.2019 made in C.M.P.Nos.666 to 668 of 2008 in S.A.No.1716 of 1999)

1. Parasuraman (Died)

2. Ethiraj

3. Saradha

4. Saraswathi

5. Chandravadhani

6. P.G.S.Govindan ... Respondents in S.A.No.1717 of 1999 (RR3 to 6 brought on record as LRs of the deceased R1 viz., Parasuraman vide order of Court dated 18.12.2019 made in C.M.P.Nos.669 to 671 of 2008 in S.A.No.1717 of 1999) COMMON PRAYER:- Second Appeals filed under Section 100 Civil Procedure against the decree and judgment dated 15.04.1999 in A.S. Nos.196 & 187 of 1997, on the file of the Additional District Court, Tiruvannamalai, reversing the decree and judgment dated 17.11.1997, in O.S. Nos.150 of 1993 & 963 of 1992 on the file of the First Additional District Munsif Court, Tiruvannamalai. IN S.A.NO.1716 OF 1999 For Appellants :

Mr.G.Rajan For R1 :

Mr.M.S.Umesh For M/s.Sarvabhuman Associates IN S.A.NO.1717 OF 1999 For Appellants :

Mr.G.Rajan For R2 : Mr.M.S.Umesh For M/s.Sarvabhuman Associates

COMMON JUDGMENT It is seen from the records that the second appellant died on 05.11.2021 and till date no steps have been taken by the appellants to implead the legal heirs of the deceased second appellant.

2. In view of the above, the Second Appeals stands abated. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mtl To 1.

The Additional District Court, Tiruvannamalai.

The First Additional District Munsif Court, Tiruvannamalai.

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

S.A.NOS.1716 & 1717 OF 1999 AND C.M.P.NOS.18146 & 18147 OF 1999 SKM(CO) PBS/20/04/2022