Madras High CourtSA/1529/2001dismissed as abated

Devayammal v. Appudu @ Ramasamy Reddiar

2018-10-22Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2018

CORAM:

THE HON'BLE MRS.JUSTICE R. HEMALATHA S.A.Nos.1529 & 1530 of 2001 1.Devayammal ..Appellant in both S.A.Nos.1529 & 1530 of 2001 2.Sengoda Gounder 3.Venu .. Appellants in S.A.No.1529 of 2001 /Vs/ 1.Appu @ Ramasamy Reddiar ..Respondent in both S.A.Nos.1529 & 1530 of 2001 2.Marappa Gounder ..Respondent in S.A.No.1529 of 2001 3.Raju 4.Ellu @ Ellammal 5.Parimalam ..Respondents in S.A.No.1530 of 2001 PRAYER in S.A.No.1529 of 2001 : Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 17.01.2001 in A.S.No.122 of 1999 on the file of the Court of the Subordinate Judge, Mettur, confirming the decree and judgment dated 07.01.1994 in O.S.No.554 of 1989 on the file of the District Munsif Court, Mettur.

PRAYER in S.A.No. 1530 of 2001 : Second Appeal filed under Section 100 of C.P.C., against the common decree and judgment dated 17.01.2001 in A.S.No.123 of 1999 on the file of the Subordinate Court, Mettur in setting aside the common the decree and judgment dated 07.01.1994 in O.S.No.555 of 1989 on the file of the District Munsif Court, Mettur. For Appellants in both S.As.

: Mr.A.Sundaravadhanan For Respondents in both S.As.

: No appearance https://hcservices.ecourts.gov.in/hcservices/

COMMON JUDGMENT A perusal of the records shows that the appellants in the Second Appeals in S.A.Nos.1529 and 1530 of 2001 died long back and in fact continuously there was no representation for the appellants.

2.Mr.A.Sundaravadhanan, the learned counsel appearing for the appellants though was given sufficient time to file a petition to implead the legal heirs of the deceased appellants, till date no steps are taken. The matter is also posted today under the caption "for dismissal."

3. Hence, I do not see any reason to adjourn the matter further. Accordingly, both the Second Appeals are dismissed as abated. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar dna/mbi To 1.The Subordinate Court, Mettur.

2.The District Munsif Court, Mettur.

S.A.Nos.1529 & 1530 of 2001 CP(CO) EU(13/11/2018) https://hcservices.ecourts.gov.in/hcservices/