Balammal v. R.Duraisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN and CMP No.5047 of 2016 1.Balammal 2.Devaraj : Appellants versus 1.R.Duraisamy 2.D.Thanikachalam 3.R.Alli : Respondents Appeal filed against the Judgment and Decree dated 08.04.2015 in A.S.No.22 of 2013 on the file of the Subordinate Judge, Poonamallee confirming the Judgment and Decree dated 27.07.2012 in O.S.No.1045 of 2005 on the file of Principal District Munsif, Poonamallee. For Appellants : Mr.M.Ravi Varma, for Mr.R.T.Doraisamy For Respondents : Mr.A.E.Ravichandran

J U D G M E N T

The first appellant in the appeal had died.

2. It is submitted that the first appellant had died long back. When the matter was listed on 12.06.2019, the same has been recorded and one last opportunity was afforded to the appellants' counsel to take necessary steps to 1/3

substitute the legal heirs.

3. Today, when the matter is taken up for hearing, it is submitted that inspite of intimating the same to the legal heirs, they have not turned up for taking necessary steps to substitute themselves on record.

4. It is evident that they are not interested in prosecuting the appeal. In view of the same, the second appeal is dismissed as abated. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

04.04.2025 Index : yes/no Internet : yes/no mrn To

1. The Subordinate Judge, Poonamallee

2. The Principal District Munsif, Poonamallee. 2/3

G.ARUL MURUGAN, J.

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