← Library
Madras High CourtSA(MD)/496/2012dismissed as infructuous

Kamatchi v. Vidyalakshmi

2023-08-16Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.08.2023

CORAM

THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY

1) Kamatchi

2) Meena ... Appellants -vs1) Vidyalakshmi

2) Minor Padmavathi

3) The Branch Manager, Life Insurance Corporation of India, Periyakulam Town, Periyakulam Taluk, Periyakulam District.

... Respondents PRAYER: Second Appeal filed under Section 100 Code of Civil Procedure against the Judgment and Decree dated 30.09.2011 made in A.S.No.13 of 2011 on the file of the Principal District Court, Theni confirming the Judgment and Decree dated 08.02.2011 made in O.S.No. 19 of 2009 on the file of the Sub Judge, Periyakulam. For Appellants ... Mr.A.Arumugam for M/s Ajmal Associates 1/4

For Respondents ... Mr.K.Kumaravel (for R1 and R2) Mr.G.Prabhu Rajadurai (for R3)

JUDGMENT

The respondents 1 and 2, as the plaintiffs, have filed the suit in O.S.No.19 of 2009 on the file of the Sub Judge, Periyakulam seeking 2/3rd share in LIC amount of the deceased Ramasubramanian, who is the husband of the first respondent/first plaintiff and the father of the second respondent/second plaintiff, from the third respondent/Life Insurance Corporation of India. The said suit was decreed. As against which, the appellants/defendants, who are the parents of the deceased Ramasubramanian, filed the appeal in A.S.No.13 of 2011 on the file of the Principal District Court, Theni. Since the said appeal was dismissed, the appellants/defendants have filed the present second appeal.

2. When the matter is taken up for hearing today, the learned counsel appearing for the respective parties would submit that the LIC amount has been withdrawn by the respective parties. Hence, the prayer sought for in the second appeal has become infructuous. 2/4

3. Recording the above-said submission, this second appeal is dismissed as infructuous. No costs.

16.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes skn To:

1.The Principal District Court, Theni 2.The Sub Judge, Periyakulam.

3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

3/4

KRISHNAN RAMASAMY, J.

skn 16.08.2023 4/4