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Madras High CourtSA/566/2023dismissed as abated

M.M.Rajendran v. Rev.S.Immanuel

2025-03-25Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI SA No. 566 of 2023

1. M.M.Rajendran Senior Trustee, St.Georges Cathedral Trust, No.224, Cathedral Road, Gopalapuram, Chennai 600 086.

2. Prof.D.S.Luther Secretary Trustee, No.224, Cathedral Road, Gopalapuram, Chennai 600

3. Mrs.M.E.Felix Trustee, St. Georges Cathedral, No.224, Cathedral Road, Gopalapuram, Chennai 600 0863 Appellant(s) Vs

1. Rev.S.Immanuel Devakadatcham, S/o.Mr.S.Sathappan, No.224, Cathedral Road, Gopalapuram, Chennai 600 086.

Respondent(s)

PRAYER To set aside the judgment and decree passed by the First Appellate Court in AS.No.452/2018 dated 07.11.2022 on the file of the IV Additional Citry Civil Court, Chennai setting aside the Judgment and decree dated 18.04.2018 passed by the XVI Assistant City Civl Court, Chennai in OS.No.6099 of 2013 as against the respondent/second defendant alone and confirm the Judgment and decree passed by the trial court in O.S.No.6099 of 2013 dated 18.04.2018 on the file of the XVI Assistant City Civil Court, Chennai.

For Appellant(s):

Ms.B.Priya For Mr.D.Moses Jeyakaran For Respondent(s): M.Nalla Thambi For Respondent

JUDGMENT

Both side counsels appeared. The learned counsel for the appellants submit that appellant 1 & 3 were died and the second appellant has not given any instructions to implead the legal heirs. Hence, the learned counsel seeks permission of this Court that this appeal may be dismissed as not pressed.

2.

2. Considering the above, this second is dismissed as abated in respect of Appellants 1 & 3 and dismissed as not pressed in respect of second appellant. No Costs.

25-03-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The IV Additional Citry Civil Court, Chennai.

2. The XVI Assistant City Civil Court, Chennai.

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

T.V.THAMILSELVI J.

pbl SA No. 566 of 2023 25-03-2025