Madras High CourtSA/936/2004dismissed as abated

Kuppa Gounder (Mentally v. Sevathal W/O.Mannu

2019-01-28Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.01.2019 Coram:

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN SECOND APPEAL NO.936 of 2004 and C.M.P.No.6831 of 2004 1.Kuppa Goundre (Mentally retarted) S/0 Ponnusamy rep.by his guardian and wife Pichaikarachiammal Murugambadi Village, Tirukoilur Taluk.

.. Appellant /versus/ 1.Sevathal 2.Palani 3.Anjalai 4.Booma 5.Sudha 6.Kalyani(minor) D/o Pandurangan rep.by her mother and guardian Paunambal 7.Paunambal 8.Krishnan 9.Muthu 10.Gunasekar 11.Chandra 12.Raja 13.Santhi 14.Dhanam 15.Alamelu .. Respondents Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 30.01.2004 made in A.S.No.162 of 2001 on the file of the Principal District Judge, Villupuram District, Villupuram confirming the judgment and decree dated 16.07.2001 made in O.S.No.927 of 1993 on the file of the Principal District Munsif Court, Tirukoilur. https://hcservices.ecourts.gov.in/hcservices/

For Appellant :Mr.T.Dhanyakumar For Respondents:Mrs.Mythili Suresh for Sarvabhauman Asso. For R1 No appearance for R3 to R15.

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J U D G M E N T

It is reported that the sole appellant died on 04.03.2008. Even after 10 years, steps have not been taken to bring the Legal Representatives of the deceased appellant.

2. When the matter was listed on 09.01.2019, the learned counsel for the appellant was permitted to take private notice to the respondents 3 to 15. Till date notice in the second appeal was not served and no steps taken sofar by the appellant probably due to the death of the deceased sole appellant. Since the appellant died 10 years ago and no steps were taken by the appellant to serve notice on the unserved respondents, this second appeal is dismissed as abated. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ari To 1.The Principal District Judge,Villupuram.

2.The Principal District Munsif, Tirukoilur.

3.The Section Officer, V.R.Section, High Court, Madras -104.(2 copies) +1cc to Mr.M.R.Kuyilan, Advocate, S.R.No.6921 S.A.No.936 of 2004 and C.M.P.No.6831 of 2004 NRL(CO) RRS(05/04/2019) https://hcservices.ecourts.gov.in/hcservices/