Lakshmi v. Vani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.01.2024

CORAM

THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN and M.P.No.1 of 2012 and Caveat petition No.3962 of 2012 Lakshmi ...Appellant Vs 1.Vani 2.Vinayagamoorthy

...Respondents

PRAYER: Second Appeal is filed under section 100 of the Civil Procedure Code, as against the Judgment and Decree made dated 07.08.2012 made in A.S.No.247 of 2010 on the file of the II Additional City Civil Court, Chennai in reversing the judgment and decree dated 18.02.2010 made in O.S.No.5600 of 2008 on the file of the learned VIII Assistant City Civil Court, Chennai. For Appellant :

Mr.M.Saravanakumar For Respondents :

Mr.N.Thiyagarajan Senior Counsel for Mr.S.D.S.Philip **** 1/3

G.ARUL MURUGAN, J., mpa

J U D G M E N T

Learned counsel for the appellant and respondents present.

2. It is reported that the sole appellant in the appeal died and already this Court by order dated 22.12.2023 granted time for taking steps to substitute the legal heirs. When the matter is taken up today for hearing, it is seen that no steps have been taken to substitute the legal heirs of sole appellant and the learned counsel appearing for the appellant submits that there is no instructions from the appellant for taking steps in the matter.

3. Recording the same, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed. 23.01.2024 Index : Yes/No Speaking order/non-speaking order mpa To

1. The II Additional City Civil Court, Chennai.

2. The VIII Assistant City Civil Court, Chennai. 2/3

and M.P.No.1 of 2012 and Caveat petition No.3962 of 2012 3/3