Madras High CourtSA/909/2000dismissed with cost

Selvam & Another v. P.Chellamuthu (Died)

2022-08-30Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

1. Nanjammal

2. Karuppanan

3. Kanniappan

4. Madeswaran

5. Palaniammal

6. Baby @ Bakkialakshmi

7. Minor Gunasekaran

8. Minor Karthikeyan (Minors 7 & 8 are represented by their mother and natural guardian Palaniammal)

9. Annammal

10. Karuppusamy (Deceased)

11. Thangaraju

12. Thangamani

13. Indirani

14. Dhanalakshmi

15. Arunthavaselvi

16. Kannaiappan (Appellants 14 to 16 brought on record as LRs of the deceased 10th appellant vide order of Court dated 25.01.2019 made in CMP.No.3660 to 3662 of 2018 in SA.No.1175 of 2000) .. Appellants

Versus

1 / 4

1. Kannan

2. Varadharajan

3. Ayyammal

4. Emmperumal

5. Krishna

6. Duraisamy

7. Sivabakkiam

8. Matheswaran

9. Soundarrarajan

10. Anandhan

11. Akilandeswari

12. Dharmalingam

13. Sumathi

14. Dr.Vasu .. Respondents Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 27.07.1999 passed in A.S.No.59 of 1994 on the file of the II Additional District Judge, Erode, reversing the judgment and decree dated 23.02.1994 passed in O.S.No.801 of 1983 on the file of the II Additional District Munsif, Erode.

For Appellants : Ms.P.Vidhyashree for M/s. P.T.Ramadevi For R1 : died For R2 to R14 : Given up 2 / 4

JUDGMENT

The learned counsel appearing for the appellants submitted that the first respondent, who is the contesting respondent in the present second Appeal passed away. However, no particulars relating to the death certificate of the deceased, details of the legal heirs, etc. were furnished so as to file a petition to implead the legal heirs of the deceased first respondent. Therefore, the learned counsel is unable to proceed with the case. She has also made an endorsement to that effect in the Court bundle.

2.Recording the submissions and the endorsement so made by the learned counsel for the appellants, this second appeal is dismissed as abated. No costs.

19.09.2022 Index : Yes/No Internet: Yes/No av 3 / 4

KRISHNAN RAMASAMY J., av To

1. The II Additional District Judge, Erode.

2. The II Additional District Munsif, Erode.

3. The Section Officer, V.R. Section, High Court of Madras, Chennai 600 104.

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