Madras High CourtSA/984/2009dismissed as abated

Mrs Illaveni v. Kasiammal

2021-03-22Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2021

CORAM

THE HONOURABLE MR. JUSTICE T. RAVINDRAN S.A.No. 984 of 2009 and M.P. No.1 of 2009 1.Ilaveni W/o. Ravanan

2. Ravanan ... Appellants/Defendants Vs.

1. Kasiammal, W/o. Sundaram Vanniar

2. Sundara Vanniar, S/o. Ambalasamy Vanniar ... Respondents/Plaintiffs Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and decree made in A.S.No.53 of 2008 on the file of the Subordinate Judge, Mannargudi dated 15.04.2009 reversing the well considered Judgment and decree made in O.S. No.69 of 2006 on the file of the District Munsif, Mannargudi dated 20.10.2008.

For Appellants : Mr. K.A. Ravindran For Respondents: Mrs. P.T. Ramadevi

JUDGMENT

Both counsel present.

2. It is represented by the appellants' counsel that both the respondents had died long back and the appellants are not ready to implead the legal representatives of the deceased respondents on record and proceed further in this matter as per law and accordingly, prays that the appeal may be dismissed as abated and undertakes to file a memo to that effect.

3. In the light of the abovesaid factors, inasmuch as no steps have been taken to implead the legal representatives of the deceased respondents by bringing them on record and proceed with the appeal further in accordance with law, there is no purpose in keeping the appeal further pending. https://hcservices.ecourts.gov.in/hcservices/

4. In such view of the matter, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

The counsel for the appellants is directed to file a memo in the Registry with reference to the abovesaid facts immediately. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bga To

1. The Subordinate Court, Mannargudi.

2. The District Munsif Court, Mannargudi.

3. The Section Officer, VR Section, High Court, Madras.

S.A.No. 984 of 2009 ssn[co] srg 23/07/2021 https://hcservices.ecourts.gov.in/hcservices/