Balasubramanian v. Jayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SENTHIL KUMAR

1. Balasubramanian

2. Rajaraman

3. Thiyagarajan

4. Ilakkuvan

5. Lakshmi

6. Kanakambujam ...

Appellants -Vs1. Jayakumar

2. Jayalakshmi

3. Dhanalakshmi

4. Saravanan

5. Palanivel

6. Sivakumar

7. Jayapal

8. Selvaraj

9. Perumal 10.Kaliyaperumal 11.Damayanthi 12.Sathish ...

Respondents Prayer : Appeal under Section 96 and Order XLI Rule 1 of CPC to set aside the judgment and decree dated 20.01.2017 in O.S.No.5 of 2009 on the file of the learned District Judge, Nagapattinam.

For Appellants :

Mr.P.Dinesh Kumar For Respondents :

No appearance - RR 1,3,5, 7 to 11 R2 - Dismissed vide court order dated 10.02.2023 1/3

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) This appeal has been adjourned for more than four years for taking steps to bring on record the legal representatives of the deceased second respondent. However, till date no steps have been taken.

2. Hence, the abatement is recorded and the appeal is dismissed as having become abated. However, in the circumstances there will be no order as to costs. (R.S.M.,J.) (N.S.,J.) 06.11.2023 Index : Yes/No Internet : Yes/No KST To 1.The District Judge, Nagapattinam.

2.V.R.Section, High Court, Madras.

2/3

R.SUBRAMANIAN, J.

and N.SENTHIL KUMAR, J.

KST 06.11.2023 3/3