Ramachandran v. Elumalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA and M.P. No. 1 of 2012 1.Ramachandran 2.Kandasamy 3.Govindaraj ...Appellants Vs.

1.Elumalai 2.Ammasi 3.Babu 4.Dhandapani 5.Krishnan 6.Marimuthu Gounder 7.Soraja 8.Minor Balamurugan 9.Minor Venkatesan 10.Minor Lakshmi 11.Minor Sudha 12.Gangai Ammal (Respondents 8 to 11 rep. By their mother, 7th respondent Saroja) ... Respondents 1/4

PRAYER: Second Appeal is filed under section 100 of the Code of Civil Procedure, 1908, to set aside the judgment and decree dated 31.08.2001 made in A.S. No. 27 of 2000 on the file of the I Additional Sub-Court, Villupuram, confirming the judgment and decree dated 12.08.1999 made in O.S. No. 190 of 1993 on the file of the Principal District Munsif, Thirukovilur. For Appellants :

Mr.S.Muthukrishnan For Respondents :

Mr.K.Prabakar

JUDGMENT

The learned counsel appearing for the appellants has filed a memo dated 22.11.2024 stating as follows:- "

It is submitted that we tried to contact the 1st appellant Mr.Ramachandran by sending a letter by way of Registered Post and the same was returned with endorsement that ''addressee died''. We have not received any instructions and information from none of the appellants despite out best effort. The letter copy along with returned postal cover is filed herewith for kind perusal of this Hon'ble Court. It is therefore prayed that this Hon'ble Court may be pleased to record the memo and pass such other orders as this 2/4

Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."

the same is placed on record.

2.

In view of the submission that the addressee died, this second appeal is dismissed as abated. Consequently, connected miscellaneous petition is closed. No costs.

22.11.2024 Index : Yes/No Speaking order : Yes/No NCC : Yes/No Maya To

1. The Judge, I Additional Sub-Court, Villupuram.

2. The Judge, Principal District Munsif, Thirukovilur.

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

3/4

R.N.MANJULA, J.

Maya Dated : 22.11.2024 4/4