Arumugam v. Saratha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.08.2018

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA S.A.No.1257 of 1999 & C.M.P.No.12776 of 1999 1.Arumugam 2.Logammal ... Defendants/Appellants/Appellants Vs.

1.Saratha 2.V.Nageswari 3.V.Selvi 4.Indira 5.Seenivasn 6.Kumar(@) Sivakumar ... Respondents Prayer: Second Appeal is filed under Section 100 of C.P.C., against the the decree and Judgment in A.S.No.31 of 1998 dated 26.03.1999 on the file of the Learned Subordinate Judge, Ranipettai, Vellore District, unholding the decree and Judgment in O.S.No.122 of 1988 dated 31.01.1996 on the file of the Learned District Munsif, Sholingar.

For Appellants : Mr.S.Krishnasamy For R1 to R5 : Mr.C.R.Dhasarathan

JUDGMENT

The appeal is of the year 1999. It is seen from the records that the first appellant's death was recorded by this Court on 08.12.2017 and therefore, the first appellant should have died even before 08.12.2017. Till date steps have not been taken by the learned counsel appearing for the appellants to bring the Legal heirs of the deceased first appellant on record. https://hcservices.ecourts.gov.in/hcservices/

The learned counsel for the second appellant would contend that he does not have any instructions from the second appellant. Therefore, the appeal is dismissed as abated. Consequently, connected Miscellaneous Petition is also closed. No costs.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar rst/rpl To 1.The Subordinate Judge, Ranipettai, Vellore District.

2.The District Munsif, Sholingar.

3.The Section Officer, V.R.Section, High Court, Madras.

+1cc to Mr.C.R.Dhasarathan, Advocate SR.No.56789 S.A.No.1257 of 1999 PVS (CO) GMY(31/10/2018) https://hcservices.ecourts.gov.in/hcservices/