Srimathi Umayal Ramanathan v. B.Vijayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2022 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MR.JUSTICE SUNDER MOHAN O.S.A.NO.147 OF 2014 AND M.P.NO.1 OF 2014 Srimathi Umayal Ramanathan .. Appellant Vs.

B.Vijayakumar .. Respondent Appeal filed under Order XXXVI Rule II of the Original Side Rules r/w Clause 15 of the Letter Patent against the order and decreetal order dated 28.04.2014 in Application No.53 of 2012 in C.S.No.732 of 2000.

Application No.53/2012 filed, to permit the Petitioner/Plaintiff to deposit a sum of Rs.11,00,000/- (Rupees Eleven Lakhs only) being the balance sale consideration take paid within a period of two weeks or within such time as stipulated by this Court may deem fit and proper in the circumstances of the case, as per order dated 25.09.2007 passed in C.S.No.732/2000.

For Appellant : Ms.AL.Gandhimathi For Respondent : Mr.P.Satheesh Kumar

J U D G M E N T

(JUDGMENT WAS MADE BY M.DURAISWAMY, J.) Ms.AL.Gandhimathi, learned counsel appearing for the appellant and Mr.P.Satheesh Kumar, learned counsel for the respondent submitted that the appellant as well as the respondent are no more. Further, the learned counsel on either side submitted that the respondent had died more than a year ago, hence, the appeal may be dismissed as abated.

2.The learned counsel for the appellant submitted that inspite of writing several letters to the appellant to take steps, she has not received any instructions. 3.In view of the submissions made by the learned counsel on either side, since the appellant as well as the respondent had died long ago, the appeal is liable to be dismissed as abated. Accordingly, the Original Side Appeal is dismissed as abated. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar va To The Sub Assistant Registrar, Original Side Section, High Court, Madras-600 104.

+1cc to Ms.AL.Ganthimathi, Advocate, S.R.No.41215 O.S.A.No.147 of 2014 and M.P.No.1 of 2014 EV(CO) PM/14/07/2022