Madras High CourtSA/2021/2002dismissed as abated

Kannan @ Veerasami v. Padma Ammal

2023-03-02Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA

1. Kannan @ Veerasami

2. Sundararaju Naidu

3. G.Rangaraju

4. Mani

5. Pazhanisamy

6. Jayagovindan

7. Vijayalakshmi

8. Minor Thulasi

9. Minor Madanagopal 10.Minor Rangarajan ... Appellants Vs.

1. Padma Ammal (died)

2. Menaka

3. Girija

4. Rajagopal

5. Babu

6. Ghouse Bhai

7. Santhi @ Mahalakshmi

8. Dhanalakshmi

9. Bagyalakshmi 10.T.V.Manoharan

11.T.V.Jagadeesan 12.T.V.Gowrinathan ... Respondents (R10 to R12 are brought on record as LR of the deceased first respondent vide order dated 18.06.2004 made in C.M.P.No.2135 of 2004) Prayer : Second Appeal filed under Section 100 CPC against the decree and judgement dated 24.09.2001 on the file of the Principal District Court, Villupuram, in A.S.No.56 of 2000 confirming the decree and judgement dated 10.04.2000 on the file of the Sub Court, Kallakurichi in O.S.No.16 of 1996.

For Appellants : Ms.R.Meenal For R2 to R4 : Mr. P.Dineshkumar for M/s.Sarvabhauman Associates

JUDGMENT

A perusal of the records shows that some of the appellants and some of the respondents died and till date, no steps have been taken.

2. Ms.R.Meenal, learned counsel appearing for the appellants contended that she is unable to contact her clients, despite issue of several notices. This Court, by its order dated 14.02.2023, passed the

following orders:- "Finally, the learned counsel for the appellant is granted time till 28.02.2023 for taking steps to bring on record the LRs of the deceased appellants and respondents. In case the steps are not taken and the appeal has abated against some of them, the Second Appeal will stand abated against these parties also.

2. Post the matter on 28.02.2023."

3. In view of the above, this second appeal is dismissed as abated. No costs.

02.03.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order kmm To

1. The Sub Court, Kallakurichi.

2. The Principal District Court, Villupuram,

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

R. HEMALATHA, J.

kmm 02.03.2023