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Madras High CourtSA/1104/2008dismissed as abated

Kesava Naidu v. Parvathi Ammal

2023-03-01Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA S.A.No. 1104 of 2008 and M.P. No.1 of 2008

1. Kesava Naidu

2. Govinda Gounder

3. Sahadevan

4. Gunasekaran

5. Kannu Gounder

6. Chinthamani Ammal Pachamuthu (died)

7. Kuppusamy

8. Arumugam

9. Parvathi

10. Molavi Ammal

11. Anandan

12. Vijayan

13. Unnamalai ... Appellants Vs.

1. Parvathi Ammal

2. Elumalai

3. Sivakumar ... Respondents

Prayer : Second Appeal filed under Section 100 CPC against the decree and judgment dated 19.07.2007 on the file of the District Judge, Thiruvannamalai, in A.S. No.63 of 2003 upholding the decree and judgment dated 29.04.2003 on the file of the Additional Subordinate Judge, Thiruvannamalai, in O.S. No.120 of 1988. For Appellants : M.T.R. Gayathri for M/s. Sarvabhauman Associates For Respondents : Mr.T.R. Rajaraman

JUDGMENT

A perusal of the records shows that the first appellant died long back and till date no steps have been taken by the appellants to bring on record the legal heirs of the deceased first appellant. The learned counsel for the appellants represented the though several communications were sent to the appellants, there is no information from them.

2. In view of the same, this second appeal is dismissed as

abated. No costs. Consequently connected miscellaneous petition is dismissed.

01.03.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga To

1. The District Judge, Thiruvannamalai.

2. The Additional Subordinate Judge, Thiruvannamalai.

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

R. HEMALATHA, J.

bga S.A.No. 1104 of 2008 and M.P. No.1 of 2008 01.03.2023