Kasturi Ammal v. Sundarambal And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR S.A.No.1941 of 1999 Kasturi Ammal .. Appellant/Appellant/Plaintiff vs.

1.Sundarambal 2.Komalavalli 3.Dhakshinamoorthi 4.Alamelu .. Respondents/Respondents/Defendants Prayer : Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree made in A.S.No.20 of 1996 on the file of the Sub Court, Vellore dated 30.06.1998 by confirming the judgment and decree passed in O.S.No.955 of 1986 on the file of the Principal District Munsif Court, Vellore dated 17.07.1995.

For Appellant : Mr.T.Dhanyakumar For Respondents : Mr.R.Rajesh for Mr.P.Sankaranarayanan

JUDGMENT

Mr.T.Dhanyakumar, learned counsel is present on behalf of the sole appellant.

2. Learned counsel for the appellant submits that the first respondent viz., Sundarambal died and due to lack of instructions, no steps have been taken for bringing on record the legal heirs of the deceased first respondent viz., Sundarambal. With regard to the second respondent viz., Komalavalli, learned counsel Mr.R.Rajesh, who has entered appearance, is present.

3. It is submitted by the learned counsel for the appellant that the respondents 3 and 4 are only alienees. It is further submitted by the learned counsel for the appellant that the first respondent was the lone contesting respondent. The learned counsel for the appellant does not dispute the obtaining https://hcservices.ecourts.gov.in/hcservices/

position that the second appeal has abated against the lone contesting respondent.

Hence, the second appeal is dismissed as abated. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar kkd/vvk To

1. The Sub Judge, Vellore.

2. The Principal District Munsif, Vellore.

3. The Section Officer, VR Section, High Court, Madras-104.

+1cc to M/S.P. Sankaranarayanan, Advocate Sr. 19120 S.A.No.1941 of 1999 RSK(CO) VR(3/5/2017) https://hcservices.ecourts.gov.in/hcservices/