Kalidas Fomra v. Padamchand Jain

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR Kalidas Fomra ... Appellant in S.A.No.995 & 996 of 2008 Vs.

1.Padamchand Jain S/o. Srinivasa Jain ..1st Respondent in S.A.No.995 of 2008 2.Santoshlatha Jain W/o. Padamchand Jain ..1st respondent in S.A.No. 996 of 2008

3. Arulmigu Sitharasamy Devar Veerabadrasamy Temple, Angadu, Thiruvallur rep.by Hereditary Trustee S.Sundaramoorthy ..2nd respondent in S.A.No.995 & 996 of 2008 Prayer in S.A.No. 995 of 2008 : Second Appeal is filed under Section 100 of CPC against the Decree and Judgment of the III Addl. City Civil Judge, Chennai dated 05.11.2007 made in A.S.No. 41/ 2007 confirming the Decree and Judgment in O.S.No.918 of 1995 dated 20.03.2006 on the file of the VII Assistant City Civil Judge, Chennai.

Prayer in S.A.No. 996 of 2008 : Second Appeal is filed under Section 100 of CPC against the Decree and Judgment of the III Addl. City Civil Judge, Chennai dated 05.11.2007 made in A.S.No. 37/ 2007 confirming the Decree and Judgment in O.S.No. 8600 of 1996 dated 20.03.2006 on the file of the VII Assistant City Civil Judge, Chennai.

For Appellants : No Appearance For respondents : Mr.K.Bijai Sundar - R1 Mr. N.R.Anantha Ramakrishnan - R2 COMMON JUDGMENT Today, when these second appeals are taken up for hearing, there was no representation on behalf of the appellant. It is represented by the learned counsel appearing for the respondents that the appellant died long back. It is further represented that despite this information was exchanged among the parties with necessary particulars, no steps were taken by the appellant to prosecute the case further by impleading the legal heirs.

2. In such circumstances, this Court is of the view that it would not be appropriate to keep these second appeals pending. Accordingly, these appeals are dismissed as abated. No costs. Consequently, connected miscellaneous petitions if any, are closed.

10.02.2025 Index : Yes/No Internet : Yes/No ak

S.S. SUNDAR , J.

ak 10.02.2025