Madras High CourtSA/719/2008dismissed as abated

V.Gopalakrishnan v. Deivanaiammal Died

2021-07-22Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA S.A.No.719 of 2008 V.Gopalakrishnan ... Appellant Vs.

Deivanaiammal (Died) S.V.Swamy (died) 1.Vadivu 2.Chellammal 3.Kanagarathinam Rajammal (Died) Rathinasamy (Died) 4.Dhanalakshmi 5.Ramakrishnan 6.Banumathi 7.Deventharan 8.Kanchana 9.Manoharan 10.Chitra 11.Devagi 12.Ravi 13.Revathi 14.S.V.S.Kannabiran 15.S.Vadivelu 16.S.Gobinath

17. S.Krishna Prabha

18. S.Vadivu ... Respondents Prayer:- This Second Appeal has been filed under Section 100 of Civil Procedure Code against the Judgment and decree passed in A.S.No.91 of 2003 dated 29.08.2005 on the file of Principal District Court, Erode, confirming the judgment and decree passed in O.S.No.91 of 1982 on the file of Sub Court, Dharapuram dated 21.12.1994.

For Appellant : Mr.A.Sundaravanan For Respondents 6 to 11 & 13 : V.P.Sengottuvvel For Respondents 1,14,15, 17 & 18 : Mr.R.Babu For Respondents 2,12 & 16 : Died For Respondent-5 : Served - NA Respondents 3 and 4 : Not ready in notice.

J U D G M E N T

It is informed by Mr.A.Sundaravadanan, learned counsel for the appellant would submit that the earlier counsels have now been elevated. When a communication was sent to the appellant to give them necessary instructions to appear in the matter, there has been no response to the letter. He was also given to understand that the appellant is no more. The 12th respondent also passed away on 16.12.2019 and details of the legal representatives had been given by the respondents. However, considering the fact that the appellant is no more and his legal heirs are no longer interested in prosecuting the case, the second appeal is dismissed as abated. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar srn To 1.The Principal District Judge, Erode, 2.The Subordinate Judge, Dharapuram

Copy to The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.B.Vijaya Kumar, Advocate (SR No.35641) S.A.No.719 of 2008 RLD (CO) PR (10/08/2021)