Krishnaveni v. Ramya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2022

CORAM

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH A.S.(MD)No.13 of 2014 M.P.(MD)No.2 of 2014 1.Krishnaveni 2.Susila ... Appellants/ Defendants 2 &3 /Vs./ 1.Ramya ... Respondent/ Plaintiff 2.O.P.Sundararajan 3.Jeyanthi ... Respondents/ Defendants PRAYER:

Appeal - filed under Section 96 of the Code of Civil Procedure, praying this Court to allow the appeal setting aside the judgment and decree passed in O.S.No.66 of 2010 dated 18.02.2013 on the file of the learned Principal District Judge, Thoothukudi.

For Appellants : Mr.R.Venkateswaran For Respondents : Mr.V.M.Balamohanthambi (For R1) Mr.V.K.Vijayaragavan (For R2) No appearance (For R3)

JUDGMENT

J. NISHA BANU,J.

N. ANAND VENKATESH,J.

The learned counsel appearing on behalf of the respondents submitted that the second appellant died on 17.09.2016 and the first respondent died on 28.01.2022. No steps have been taken to implead the legal representatives. That apart, connected appeals in AS(MD)Nos.113 and 114 of 2013 were dismissed as withdrawn on the ground that the parties have already compromised the issue. It is therefore clear that the appellants in this appeal have also compromised the dispute and that is the reason why probably no steps have been taken to implead the legal heirs of the deceased second appellant and the first respondent.

2.In view of the above, this Appeal Suit is dismissed as abated. No costs.

(J.N.B.,J.) (N.A.V.,J.) 22.09.2022 Index : Yes/No (2/3) Internet : Yes sm

To:

1.The Principal District Judge, Thoothukudi.

J. NISHA BANU,J.

N. ANAND VENKATESH,J.

sm Judgment made in A.S.(MD)No.13 of 2014 (2/3) Dated 22.09.2022