Madras High CourtSA(MD)/468/2013dismissed as abated

Saroja, v. Padmavathy,

2023-09-05Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.A.(MD)No.468 of 2013 & M.P.(MD)No.1 of 2013 Saroja ...Appellant vs.

1.Padmavathy 2.N.K.Umakanthan 3.N.K.Nagarajan 4.P.R.Gandhimathi 5.P.K.Maheswari 6.K.S.Revathi ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 07.06.2013 in A.S.No. 40 of 2011 on the file of the Sub Court, Paramakudi confirming the Judgment and Decree dated 19.04.2010 in I.A.No.318 of 1998 in O.S.No. 11 of 1991 on the file of the District Munsif Court, Paramakudi. For Appellant :

Mr.R.Murali For Respondents :

Mr.S.Srinivasaraghavan for R1 Mr.Anand Chandrasekar for R3, R5 & R6 No appearance for R2 & R4

JUDGMENT

When the matter was taken up for hearing on 12.08.2022, this Court has recorded that the sole appellant and the respondents 2 and 4 have passed away and adjourned the matter for three weeks for taking steps in that regard.

2. Though the appellant has passed away long before, till date, the legal representatives of the deceased appellant have not taken any steps to implead themselves as appellants in the appeal. In view of the same, the Second Appeal is dismissed as abated. No costs. Consequently, the connected Miscellaneous Petition is closed.

05.09.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Sub Judge, Paramakudi 2.The District Munsif, Paramakudi 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 05.09.2023