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Madras High CourtSA/275/2009dismissed as abated

Porappa Gounder v. Rukmani Ammal

2015-09-22Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2015 CORAM :

THE HON'BLE TMT.JUSTICE PUSHPA SATHYANARAYANA S.A.Nos.275 and 276 of 2009

1. Porappa Gounder

2. Srinivasan

3. Marappan

4. Ponnuvel ...Appellants in S.A.No.275 of 2009/ Defendants 1, 2, 5 & 6

1. Ganesan

2. Nalla Gounder

3. Srinivasan

4. Marappan

5. Ponnuvel

6. Porappa Gounder ...Appellants in S.A.No.276 of 2009/ Defendants 1 & 2, 4 - 7 Vs.

1. Rukmani Ammal

2. Sarasu

3. Jayammal

4. Jayamani

5. Vasanthamani

6. Mohan

7. Pappathi

8. Chandrasekaran

9. Raju

...Respondents in S.A.No.275 of 2009/

Plaintiffs 1 - 5

1. Rangasamy

2. Mohan

...Respondents in S.A.No.276 of 2009/

1st Plaintiff and 3rd Defendant Prayer:- These Second Appeals filed under Section 100 of Civil Procedure Code against the judgment and decree dated 30.03.2007 made in A.S.Nos.95 and 144 of 2002 respectively on the file of the Subordinate Judge, Namakkal, confirming the judgment and decree

dated 10.04.2001 made in O.S.Nos.350 and 355 of 1997 respectively on the file of the District Munsif Court, Thiruchenkode. For Appellants in both SAs : Mr.P.Valliappan For Respondents 2 to 6 in S.A.No.275 of 2009 : Mr.Kandhan Duraisami For Respondent 1 : Mr.Kandhan Duraisami in S.A.No.276 of 2009 For Respondents 7 to 9 : No appearance R1 and R6 Died in S.A.No.275 of 2009 R2 Died in S.A.No.276 of 2009

J U D G M E N T

It is represented by the learned counsel for the appellants that the respondents 1 and 6 died in S.A.No.275 of 2009 and second respondent died in S.A.No.276 of 2009. Inspite of granting time, no steps have been taken to bring on record the legal representatives of the deceased respondents so far. Hence, the Second Appeal is dismissed as abated. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar srn To 1.The Subordinate Judge, Namakkal, 2.The District Munsif Court, Thiruchenkode

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

S.A.Nos.275 and 276 of 2009 SKV (CO) PSI (19.10.2015)