Ganesaraman v. Boyot Krishnammalle

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.517 of 2013 and MP No.1 of 2013

1. Ganesaraman Nellakandan(Deceased) rep.by LRS.

2. Thayanayaguy

3. Nishanthi (Minor)

4. Sathish (Minor) ...

Appellants/Respondents/Plaintiff Minors 3 & 4 are represented by their mother and Natural Guardian the 2nd Appellant versus

1. Boyot Krishnammalle

2. Boyot Veerappan ... Respondents/Appellants/Defendents Second Appeal filed under Section 100 of the Code of Civil Procedure as against the Judgment and decree dated 21.12.2012 made in A.S.No.44 of 2006 on the file of the Additional Sub Judge at Pondicherry, reversing the judgment and decree made in O.S. No.572 of 2003 passed by the II Additional District Munsif at Pondicherry, dated 12.10.2006. For appellants : M/s. Pass Associates For respondents: R1 and R2 - died steps due

JUDGMENT

By an earlier order dated 04.09.2019, this Court directed the learned counsel for the appellants to take steps to bring on record the Legal Representatives for the deceased second respondent and a further direction was also issued that if no steps are taken before the next hearing date, the Second Appeal shall stand abated as against the 2nd respondent. https://hcservices.ecourts.gov.in/hcservices/

2.The matter has been listed today. Till date, steps have not been taken by the learned counsel for the appellants to bring on record the Legal Representatives for the deceased second respondent. As per the directions of this Court by its earlier order dated 04.09.2019, the Second Appeal stands abated as against second respondent. It is also brought to the notice of this Court that the first respondent is also dead. Steps have also not been taken by the learned counsel for the appellants to bring on record the legal representatives for the deceased 1st respondent also. Since steps have not been taken by the learned counsel for the appellants, the Second Appeal stands abated as against first respondent also. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(Insp cell) //True Copy// Sub Assistant Registrar vsi2 To 1.The Additional Sub Judge, Pondicherry.

2.The II Additional District Munsif, Pondicherry.

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

+1cc to M/s.K.Rajkumar, Advocate SR.89826 S.A. No.517 of 2013 BR(CO) CB(06/12/2019) https://hcservices.ecourts.gov.in/hcservices/