Madras High CourtSA/1994/2003dismissed as abated

R.Indrani v. N.Babu

2023-02-03Honourable Mrs Justice R. Hemalatha2 pages

S.A.No.1994 of 2003

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA S.A.No. 1994 of 2003 & C.M.P. No.18137 of 2003

1. R. Indrani

2. Bagyam Devaraj

3. Nalini

4. N. Devaraj

5. N. Jagadeesan ... Appellants Vs.

1. N. Babu

2. N. Thilagam

3. Nawab Fazapthunissa Begum

4. C.H. Sushila Rani

5. K. Sheilendrakumar ... Respondents Prayer : Second Appeal filed under Section 100 CPC praying to set aside the decree and judgment dated 04.07.2003 passed in A.S.No.12 of 2001 on the file of the Additional District and Sessions Court, Fast Track Court No.IV, Chennai, reversing the decree and judgment dated 30.06.1993 passed in O.S. No.2576 of 1993 on the file of the XI Assistant City Civil Court, Chennai.

For Appellants : Ms. Padmaja Mohan For Respondents : No appearance.

https://www.mhc.tn.gov.in/judis

S.A.No.1994 of 2003 R. HEMALATHA, J.

bga

JUDGMENT

It is seen from the records that the appellants 1 and 3 died even before 14.02.2018 and the 5th appellant died before 10.06.2022 and till date no steps have been taken by the appellants' counsel to bring on record the legal heirs of the deceased appellants 1, 3 and 5.

2. In view of the above, the Second Appeal is dismissed as abated. No costs. Consequently connected Civil Miscellaneous Petition is closed.

03.02.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga To

1. The Additional District and Sessions Judge, Fast Track Court No.IV, Chennai.

2. The XI Assistant City Civil Judge, Chennai.

3. The Section Officer, VR Section, High Court, Madras S.A.No. 1994 of 2003 & C.M.P. No.18137 of 2003 https://www.mhc.tn.gov.in/judis