Smt Jaya Mary v. Smt A.Anthoniammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2019 CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE S.A.No.382 of 2009 1.Jaya Mary 2.Francis Xavier (Deceased) 3.Maria Susai 4.Pakiaswamy 5.Mary Baby Kamala 6.Joy Ida 7.Alphonsa Mary 8.Philomina Mary 9.A.Fathima Mary 10.Mary Mercy ..Appellants/Appellants/Defendants 1 to 10.

11.Maria Gnanam 12.Sukanya Jenifer 13.Saranya ... Appellants (Appellants 11 to 13 are brought on record as Lrs of the deceased 2nd appellant vide order dated 25.08.2014 made in MP.No.1 of 2012 in S.A.No.382/2009) Vs 1.A.Anthoniammal ..1st Respondent/1st Respondent/Plaintiff 2.P.Ganesan 3.Senthil 4.Kamaraj .... Respondents 2 to 4/Respondents 2 to 4/Defendants 11 to 13.

Prayer :- Second Appeal filed under Section 100 of CPC, to set aside the decree and judgment dated 20.10.2008 made in A.S.No.46/06 on the file of District and Sessions Court, Coimbatore, dismissing the first Appeal confirming the decree and judgment dated 30.11.2005 in O.S.No.236/04 on the file of Subordinate Court, Coimbatore.

For Appellants : Mr.S.Pugaleanthi

JUDGMENT

The learned counsel for the appellants submits that the first respondent, the contesting party had died in the year 2013, and the other respondents who remained ex parte before the trial Court, are not necessary parties to this appeal. https://hcservices.ecourts.gov.in/hcservices/

2. Inspite of several adjournments being granted to bring on record the legal representatives of the deceased first respondent, no steps have been taken yet. Hence, this appeal is dismissed as abated. No costs.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar ds To:

1. The District and Sessions Court, Coimbatore.

2. The Subordinate Court, Coimbatore.

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

S.A.No.382 of 2009 BS(CO) SP(26/09/2019) https://hcservices.ecourts.gov.in/hcservices/