Madras High CourtAS(MD)/132/2017dismissed for default

S. Manja Nambi v. M. Muthulakshmi

2025-10-17Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2025

CORAM

THE HONOURABLE MR JUSTICE P. VADAMALAI S.Manja Nambi .. Appellant Vs.

1.M.Muthulakshmi 2.M.Sivasankari 3.M.Manickaraja 4.M.Vasantha 5.M.Sangeetha 6.V.Veyil Muthu 7.A.Muthukumar .. Respondents Prayer : Appeal Suit is filed under Section 96 of Civil Procedure Code against the judgment and decree passed in O.S.No.19 of 2014 pursuant to the order passed in I.A.No.34 of 2015 in O.S.No.19 of 2014 dated 28.08.2015 on the file of the learned II Additional District Judge, Thoothukudi. For Appellant : Mr.R.Balakrishnan, Advocate

For R1 to R5 : Mr.H.Arumugam, Advocate For R7 : Mr.K.R.Laxman, Advocate R6 : Died

JUDGMENT

The learned counsel for the appellant, the learned counsel for respondent Nos.1 to 5, and the learned counsel for the 7th respondent are present before this Court.

2. The learned counsel for respondent Nos.1 to 5 submitted that the sole appellant passed away a long time ago and that no steps have been taken so far to implead the legal heirs of the deceased sole appellant.

3. Upon perusal of the records, it is seen that both the sole appellant and the 6th respondent are no more.

4. Even after being granted sufficient opportunities, the learned counsel for the appellant has not taken any steps to bring the legal

representatives of the deceased sole appellant and the 6th respondent on record.

5. Hence, this Appeal Suit is dismissed as abated. No costs. 17.10.2025 Index:Yes/No Speaking Order :Yes/No mkn To The II Additional District Court, Thoothukudi.

P. VADAMALAI , J.

mkn 17.10.2025