J.Bhavani v. P.Venkatesan Decs

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN In OSA No.282 of 2013:

1.J.Bhavani 2.J.Ramesh 3.Sasikumar 4.Lakshman ...Appellants Vs.

1.P.Venkatesan (deceased) 2.Thayarammal (deceased) 3.Krishnaveni 4.Thangamani 5.V.Lakshmi 6.Dhanajayan 7.V.Revathi 8.V.Padmanabhan 9.V.Santhanakrishnan 1/8

10.V.Thilakavathi 11.V.Dhanalakshmi 12.Viswanathan 13.Chandrasekaran 14.S.Ramani 15.Subramani 16.Maheswari 17.Charumathi 18.Yuvaraj 19.Indumathi 20.Jambulingam 21.Sumathi 22.Giritharan 23.Thenmozhi 24.Elangovan 25.Parthiban 26.Manimegalai 27.Manivannan 28.Nirmaladevi 29.Senthil Murugan 2/8

[R12 to R29 brought on record as Lrs of the deceased second respondent viz., Thayarammal vide Court order dated 25.02.2020 made in CMP Nos.3386, 3563m 3564, 3567, 3378 & 3384 of 2020 in OSA No.282 of 2013 & 283 of 2013 (NKKJ & PVJ)].

...Respondents

Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of O.S. Rules r/w. Clause 15 of the Letters Patent Appeal, against the judgment and decree dated 29.04.2013 made in T.O.S. No.11 of 1998. For Appellant : Mr.G.Jeremiah For Respondent : Ms.B.Karpagam Nos.5 to 11 For Respondent : No Appearance Nos.13, 15, 16 & 19 For Respondent : Ms.Tks.Bharathy Shri Nos.17, 18, 21 to 24 & 26 to 29 In OSA No.283 of 2013:

1.J.Bhavani 2.J.Ramesh 3.Sasikumar 4.Lakshman ...Appellants Vs.

3/8

1.Thayarammal (deceased) 2.P.Venkatesan (deceased) 3.Krishnaveni 4.Radha Bai (deceased) 5.Lakshmi Ammal (deceased) 6.Padmavathy Ammal 7.P.Kamala 8.Thangamani 9.V.Lakshmi 10.Dhanajayan 11.V.Revathi 12.V.Padmanabhan 13.V.Santhanakrishnan 14.V.Thilakavathi 15.V.Dhanalakshmi (R9 to 15 are added as LRs of deceased R2) 16.K.C.Sekaran 17.Saraswathi 18.K.Jayalakshmi 19.K.Rajan (R16 to 19 are added as LRs of deceased R4) 4/8

20.S.Parthiban 21.S.Mohan 22.S.Ramu 23.S.Saravanan 24.Vanaja (R20 to 24 are LRs. of R5) 25.Viswanathan 26.Chandrasekaran 27.S.Ramani 28.Subramani 29.Maheswari 30.Charumathi 31.Yuvaraj 32.Indumathi 33.Jambulingam 34.Sumathi 35.Giritharan 36.Thenmozhi 37.Elangovan 38.Parthiban 5/8

39.Manimegalai 40.Manivannan 41.Nirmaladevi 42.Senthil Murugan [R25 to R42 brought on record as LRs of the deceased first respondent viz., Thayarammal vide Court order dated 25.02.2020 made in CMP Nos.3386, 3563, 3564, 3567, 3378 & 3384 of 2020 in OSA No.282 of 2013 & 283 of 2013 (NKKJ & PVJ)]. ... Respondents Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of O.S. Rules r/w. Clause 15 of the Letters Patent Appeal, against the judgment and decree of this Court dated 29.04.2013 made in Tr.C.S. No.49 of 2001.

For Appellant : Mr.G.Jeremiah For Respondent : Ms.B.Karpagam Nos.7, 9 to 15 For Respondent : No Appearance Nos.30 to 32, 34 to 39 For Respondent : Ms.Tks.Bharathy Shri Nos.17, 18, 21 to 24 & 26 to 29 6/8

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) It is seen that the fourth respondent in O.S.A.No.282 of 2013 namely, Mrs.Thangamani is no more. She also figured as eighth respondent in O.S.A.No.283 of 2013. We have recorded that she died on 12.08.2016. Despite seven years having gone by, no steps have been taken so far to bring her legal representatives on record. The appeal in OSA.No.283 of 2013 being one against the decree for partition and and the appeal in OSA No.282 of 2013 being one against refusal to grant an order of Letters of Administration. Both the appeals will abate in full. Hence, the Original Side Appeals are disposed of as 'abated'. It is open to the learned counsel for the appellants to file application, if he is able to get the particulars of the legal representatives of the deceased Thangamani. No costs. (R.S.M.,J.) (V.L.N.,J.) 07.08.2023 DP Internet:Yes/No Index:Yes/No Speaking/Non-speaking order 7/8

R.SUBRAMANIAN, J.

and V.LAKSHMINARAYANAN, J.

DP 07.08.2023 8/8