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Madras High CourtSA/1803/2002dismissed as abated

Veerasamy Padayatchi v. Smt.Bhuvaneswari Ammal(Died)

2021-07-07Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.A. No.1803 of 2002 and CMP No.15229 of 2002 Veerasamy Padayatchi ... Appellant/Defendant

Versus

Bhuvaneswari Ammal (Died)

2. Mani

3. Ramesh

4. Suresh

5. Thulasi

6. Uma Maheswari ... Respondents/Plaintiff RR2 to 6 brought on record as LRs of the deceased sole respondent viz., Bhuvaneswari Ammal vide order of Court, dated 29.07.2019 made in CMP No.18285 to 18287 of 2003 Second Appeal filed under Section 100 of the Civil Procedure code, against the judgment and decree dated 28.06.2001 made in A.S.No.9 of 2001 on the file of the Principal District Court, Villupuram confirming the judgment and decree dated 31.10.2000 made in O.S. No.268 of 1994 on the file of the First Additional District Munsif Court, Thirukoilur.

For Appellant : Mr.V.G.Suresh Kumar For Respondents : Mr.A. Sivaji for R2 to R6 R1 - Died steps taken

JUDGMENT

The learned counsel for the appellant has placed before this Court a Memo, which contains a letter dated 28.06.2021 sent by him to the appellant intimating the date of hearing. The said letter has been returned with an endorsement "deceased".

2. The Memo, dated 28.06.2021 along with enclosures are recorded by this Court.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the appellant also submits that till date, the Legal Representatives of the appellant have also not contacted him for filing an application to bring on record the Legal Representatives for the deceased sole appellant.

4. Since, no application has been filed to bring on record the Legal Representatives for the deceased appellant, this appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar vsi2 To 1.

The Principal District Judge, Villupuram.

2.

The First Additional District Munsif, Thirukoilur.

3.

The Section Officer VR Section High Court of Madras.

+1cc to Mr.A.Sivaji, Advocate, S.R.No.31836 S.A. No.1803 of 2002 SR(CO) CT(09/08/2021) https://hcservices.ecourts.gov.in/hcservices/