Paripoornammal v. Rajagopalachari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.752 of 1993 Paripooranammal ... Appellant/Plaintiff Vs.

1. Rajagopalachari (Deceased)

2. Dhayanidhi, Sub Inspector, Pattabhiram P.S., Chengai MGR District,

3. Kumar, So.Rajagopalachari

4. Mrs.Sivagami D/o.Rajagopalachari, 3&4 are residing at No.12 Kamala Street, Thandarai, Sriperumbudur Taluk, Chengai MGR District.

(Respondents 3 and 4 brought on record as Legal Heirs of the deceased 1st respondent vide order of Court dated 19.08.2009 made in CMP Nos.14001 to 14003/1998 in SA No.752 of 1993.

... Respondents Prayer:

Second Appeal filed under Section 100 of C.P.C. against the judgment and decree in A.S.No.48/91 dated 19.02.1992 on the file of the subordinate Judge, Poonamallee confirming the decree passed in O.S.No.443 / 1983 dated 04.04.1991 on the file of District Munsif Court, Poonamallee.

For Appellant : Mr.G.Kathirvelu For Respondents : No Appearance

J U D G M E N T

Perusal of the records discloses that the learned counsel appearing for the appellant has died and accordingly on 01.12.2016, this Court ordered notice to the appellant and thereafter, the Registry directly sent notice to the appellant and reported that the sole appellant has also died.

2.

Though, the notice was ordered on 01.12.2016, till date, the legal heirs has not taken any steps to implead themselves on record for conducting the case. In view of the above, the second appeal is dismissed as abated.

07.03.2018 rka Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Sub-Judge, Poonamallee.

2.The District Munsif Court, Poonamallee.

M.DHANDAPANI

rka S.A.No.752 of 1993 07.03.2018