Madras High CourtSA/1163/2004dismissed for default

Ms.Gajalakshmi Ammal v. N.R.Govindan

2019-01-04Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2020

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN SA.No.1163 of 2004 and CMP.Nos.20663 and 21941 of 2019 Gajalakshmi Ammal ..Appellant Vs.

1.N.R.Govindan 2.N.R.Shanmugam 3.N.R.Dhana Vijayan 4.Rukku @ Tilakavathi 5.Ammu @ Baggiyalakshmi 6.M.Banumathi 7.Panneerselvam(deceased) 8.Krishnasamy @ kitcha 9.M.Banumathi ..Respondents (R9 brought on record as LR of the deceased R7, viz., Panneerselvam vide order of court dated 14.12.2018 made in CMP.No.965 to 967 of 2013 in SA.No.1163 of 2004(Dr.GJJ)) PRAYER:

The Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 19.06.2002 in A.S.No.3 of 1997 on the file of the Principal District Judge, Vellore District confirming the judgment and decree dated 22.02.1996 in O.S.No.114 of 1991 on the file of the Subordinate Judge, Ranipet. For Appellant : K.Pasupathy For Respondents For R3 : Mr.M.Duraimurugan For R1, 2, 4 to 9 : No Appearance ORDER:

This second appeal is directed as judgment and decree dated 19.06.2002 in A.S.No.3 of 1997 on the file of the Principal District Judge, Vellore District confirming the judgment and decree dated 22.02.1996 in O.S.No.114 of 1991 on the file of the Subordinate Judge, Ranipet.

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2. The civil miscellaneous petitions are filed to condone the delay in filing the application to restore the second appeal in SA.No.1163 of 2004 and to restore the second appeal. 3.The learned counsel for the third respondent submitted that the sole appellant died.

4.It is seen that the sole appellant died, and the legal heirs of the appellant have not taken any step to implead themselves as party to the proceedings. Therefore, the civil miscellaneous petitions are dismissed.

5. Accordingly, the second appeal is also dismissed as abated. However, the legal heirs of the sole appellant are at liberty to file petition to set aside the abatement of this second appeal. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar lok To 1.The Principal District Judge, Vellore District.

2.The Subordinate Judge, Ranipet.

SA.No.1163 of 2004 A.SK(03/02/2020) https://hcservices.ecourts.gov.in/hcservices/