S.M.D.Livingstone v. M. Amuthayee Ammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.Nos.1791 & 1792 of 2016 S.A.No.64 of 2016 S.M.D.Livingstone No.16, Indirani Street, Ayyavoo Colony, Aminjikarai, Chennai - 600 029.

...

Appellant versus 1.M.Amuthayee Ammal 2.Jyothiraj 3.K.Raju (deceased) 4.R.Yasodha 5.R Prakash Ravi 6.R.Vijaya Ravi ...

Respondents [R4 to R6 brought on record as LRs of the deceased R3 vide order dated 07.11.2014 made in M.P.No.1 of 2014 in SA.SR.No.5449 of 2011] Prayer: Second Appeal has been filed under Section 100 of Civil Procedure Code against the judgment and decree dated 07.01.2010 made in A.S.No.48 of 2008 on the file of the learned III Additional Judge, City Civil Court, Chennai, confirming the judgment and decree in O.S.No.1846 of 2004, dated 09.07.2007 on the file of the learned VIII Assistant Judge, City Civil Court, Chennai.

For Appellant :

Mr.R.Rajesh Kumar For Respondents :

Mr.K.V.Anantha Krishnan - R1 & R2 1/4

S.A.No.65 of 2016 S.M.D.Livingstone No.16, Indirani Street, Ayyavoo Colony, Aminjikarai, Chennai - 600 029.

...

Appellant versus M.Amuthayee Ammal ...

Respondent Prayer: Second Appeal has been filed under Section 100 of Civil Procedure Code against the judgment and decree dated 07.01.2010 made in A.S.No.208 of 2009 on the file of the learned III Additional Judge, City Civil Court, Chennai, confirming the judgment and decree in O.S.No.3515 of 2003, dated 09.07.2007 on the file of the learned VIII Assistant Judge, City Civil Court, Chennai.

For Appellant :

Mr.R.Rajesh Kumar For Respondent :

Mr.K.V.Anantha Krishnan

J U D G M E N T

The sole appellant in these appeals had died as early as on 05.06.2023 and when the appeals were listed on 04.02.2025, 26.02.2025 and 04.04.2025, time was given for taking necessary steps to substitute the legal heirs of the deceased appellant.

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2.

Even today, when these matters are taken up for hearing, no steps have been taken and it is evident that the appellant is not interested in prosecuting the appeals.

3.

In view of the same, these Second Appeals are dismissed as abated. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

24.04.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To 1.The III Additional Judge, City Civil Court, Chennai.

2.The VIII Assistant Judge, City Civil Court, Chennai.

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G.ARUL MURUGAN , J.

sri and C.M.P.Nos.1791 & 1792 of 2016 24.04.2025 4/4