M.Varadhan v. M/S United India Insurance Co

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17 .11.2023

CORAM

THE HON'BLE Mr.JUSTICE C.KUMARAPPAN Cross Objection No.114 of 2011 in S.A.No.269 of 2010 Vardhan ... Appellant ..Vs..

1. M/s United India Insurance Co. Ltd., Represented by its Divisional Manager, No.16, Jawaharlal Nehru Street, Puducherry.

2. M/s. United India Insurance Co. Ltd., Represented by its Regional Manager, 41'42, Greams Road, Madras - 600 006.

3. United India Insurance Co. Ltd., Represented by its Chairman-cum-Managing Director, No.24, Whites Road, Madras - 600 014

4. Union of India Represented by the Chief Secretary Government of Pondicherry, Puducherry.

5. The Director, Fisheries Department, Government of Pondicherry, Puducherry ... Respondents Prayer: This Cross objection petition is filed under Order XLI Rule 22 of C.P.C to set aside the decree and Judgment dated 15.12.2008 passed in 1/4

A.S.No.134 of 2006 on the file of III Additional District Court, Puducherry, in so far as they relate to the modification of the decree and Judgment dated 31.01.1997, passed in O.S.No.106 of 1994 on the file of Principal Sub Court, Puducherry and be pleased to confirm the decree and Judgment dated 31.01.1997, passed in O.S.No.106 of 1994 on the file of principal Sub Court, Puducherry and decree the suit as prayed for. For Appellant : left For Respondents 1 to 3 : Mr.G.Guruswaminathan for M/s.Nageswaran and Narichania For Respondents 4 and 5 : Mr. Ramaswamy Meyappan Government Advocate(Pondicherry)

O R D E R

The appellant in the second appeal, and the first respondent in cross objection died. Inspite of sufficient time granted by this Court to implead the legal heirs of the deceased appellant herein, they are not in a position to get the details of the legal heirs. Hence, this Court is inclined to dismiss this second appeal as abated. Since the second appeal itself is dismissed as abated, the Cross objection is liable to be closed. 2/4

2. In the result the second appeal is dismissed as abated and the cross objection is closed. No costs.

17.11.2023 2/2 smn To

1. The Union of India Represented by the Chief Secretary Government of Pondicherry, Puducherry.

2. The Director, Fisheries Department, Government of Pondicherry, Puducherry

3. The Third Additional District Judge, Pondicherry

4. The Principal subordinate Judge, Pondicherry 3/4

C.KUMARAPPAN, J smn Cross Objection No.114 of 2011 in S.A.No.269 of 2010 17.11.2023 4/4