Madras High CourtSA/468/2008dismissed as abated

Lakshmi v. Alamelu

2023-04-17Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R. HEMALATHA 1.Lakshmi 2.Chinnammal 3.Irusayee 4.Indira ..Appellants vs.

1.Alamelu 2.Lakshmi (Died) 3.E.Sidhan 4.E.Umashankar ..Respondents (R2 died. R1 are recorded as LR of the deceased R2 vide order of Court dated 11.11.2019 made in S.A.No.468 of 2008 as per memo dated 06.11.2019 in Sr.No.33230/2019 are recorded) (Respondents 2 to 4 given up) PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the decree and Judgment dated 28.02.2007 in AS.No.192 of 2006 on the file of the Additional Sub Court, Salem, upholding the decree and Judgment dated 05.07.2006 in OS.No.546 of 2005 on the file of the I Additional District Munsif Court, Salem.

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For Appellants : Ms.H.Kavitha for M/s.S.Kaithamalai Kumaran For R1 : Mr.M.Vaidyanathan

JUDGMENT

It is seen from the records that the respondents 1 & 2 are no more and till date no steps have been taken by the appellants to implead the legal heirs of the deceased respondents 1 & 2. It is also seen that the respondents 3 & 4 have been given up.

2.In view of the above, this Second Appeal is dismissed as abated. No costs.

17.04.2023 (2/2) mtl Index : Yes/No Speaking / Non-speaking order To

1. The Additional Sub Court, Salem.

2. The I Additional District Munsif Court, Salem.

3. The Section Officer, VR Section, High Court, Madras. 2/3

R.HEMALATHA, J.

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